Boateng v Sutherland Shire Council [2020] NSWLEC 1280

Boateng v Sutherland Shire Council [2020] NSWLEC 1280

Given all jurisdictional prerequisites have been satisfied and the parties have agreed on the terms, the appeal is upheld and the development application, as amended, is approved subject to conditions.

Jurisdiction
Australia
Judgment Date
29 June 2020
Procedural Posture
Development Application Appeal / Decision After Conciliation Conference
Outcome
Appeal upheld. Development application approved subject to conditions. Costs ordered.
Legal Topics
['development Application' 'conciliation Conference' 'jurisdictional Prerequisites' 'appeal of Refusal' 'consent Orders']
['planning and Environment'] ['development Application' 'conciliation Conference' 'jurisdictional Prerequisites' 'appeal of Refusal' 'consent Orders']

Case Brief

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Procedural Posture

Development Application Appeal / Decision After Conciliation Conference

Legal Issues

  1. 1 ['Whether jurisdictional prerequisites for granting consent to amended development application are satisfied' 'Whether the development application complies with applicable planning instruments and policies']

Ratio Decidendi

Given all jurisdictional prerequisites have been satisfied and the parties have agreed on the terms, the appeal is upheld and the development application, as amended, is approved subject to conditions.

Court Disposition

Appeal upheld. Development application approved subject to conditions. Costs ordered.

Orders

  • ["Leave is granted to the Applicants to rely upon the amended plans listed in Condition 1 at Annexure 'A'." 'Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicants are to pay the costs of the Respondent that were thrown away as a result of amending the development...