McConnell v Sutherland Shire Council [2024] NSWLEC 1773

McConnell v Sutherland Shire Council [2024] NSWLEC 1773

Having regard to the parties' agreement, all statutory and jurisdictional prerequisites are satisfied and the Court is required to make orders granting development consent in accordance with the agreement under s 34(3) of the Land and Environment Court Act 1979.

Parties
First Applicant: Darren McConnell; Second Applicant: Michelle McConnell; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
04 December 2024
Procedural Posture
Appeal / Final Determination After Conciliation Conference
Outcome
Appeal upheld; development consent granted.
Legal Topics
Development Application, Deemed Refusal, Jurisdictional Prerequisites, Conciliation Conference, Environmental Assessment
Planning and Environment Development Application Deemed Refusal Jurisdictional Prerequisites Conciliation Conference Environmental Assessment

Case Brief

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Parties

Darren McConnell

First Applicant

Michelle McConnell

Second Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Appeal / Final Determination After Conciliation Conference

Legal Issues

  1. 1 Whether the Court can grant consent to DA23/0828 by agreement under s 34(3) Land and Environment Court Act 1979
  2. 2 Whether the jurisdictional prerequisites for development consent have been met

Ratio Decidendi

Having regard to the parties' agreement, all statutory and jurisdictional prerequisites are satisfied and the Court is required to make orders granting development consent in accordance with the agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted.

Orders

  • The appeal is upheld.
  • Consent is granted to Development Application DA23/0828 for re-use of the existing timber jetty and ramp, replacement of existing jetty piles, and construction of a pier supported pontoon with encased piles at 48 Bruce Ave, Caringbah South subject to conditions in Annexure A.