Taylor v Sutherland Shire Council [2023] NSWLEC 1334

Taylor v Sutherland Shire Council [2023] NSWLEC 1334

Because the amended development application satisfied the relevant jurisdictional prerequisites, and because the cl 4.6 written request adequately demonstrated that compliance with the floor space ratio standard was unreasonable or unnecessary and that sufficient environmental planning grounds justified the variation, the parties' agreed decision to uphold the appeal and grant consent subject to conditions was one the Court could have made in the proper exercise of its functions; the Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that decision.

Jurisdiction
Australia
Judgment Date
29 June 2023
Procedural Posture
Class 1 Appeal Against Actual Refusal of Development Application Da21/0998 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'clause 4.6 Variation Request' 'floor Space Ratio Development Standard' 'conciliation Conference' 'sutherland Shire Local Environmental Plan 2015']
['planning and Environment' 'development Consent'] ['development Application' 'clause 4.6 Variation Request' 'floor Space Ratio Development Standard' 'conciliation Conference' 'sutherland Shire Local Environmental Plan 2015']

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Procedural Posture

Class 1 Appeal Against Actual Refusal of Development Application Da21/0998 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the written request under cl 4.6 of Sutherland Shire Local Environmental Plan 2015 justified contravention of the floor space ratio development standard in cl 4.4.' 'Whether the amended development application satisfied the relevant jurisdictional prerequisites for development consent.']

Ratio Decidendi

Because the amended development application satisfied the relevant jurisdictional prerequisites, and because the cl 4.6 written request adequately demonstrated that compliance with the floor space ratio standard was unreasonable or unnecessary and that sufficient environmental planning grounds justified the variation, the parties' agreed decision to uphold the appeal and grant consent subject to conditions was one the Court could have made in the proper exercise of its functions; the Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that decision.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ["The Applicants' cl 4.6 submission written by K J Planning pursuant to cl 4.6 of Sutherland Shire Local Environment Plan 2015 (SSLEP 2015) to vary the floor space ratio development standard in cl 4.4 of SSLEP 2015 is upheld." 'The Appeal is upheld.' 'Development Consent is granted to Development Application...