Musolino v Sutherland Shire Council [2023] NSWLEC 1604

Musolino v Sutherland Shire Council [2023] NSWLEC 1604

The appeal is upheld and development consent granted as the applicant's cl 4.6 request demonstrated sufficient environmental planning grounds for contravention of the maximum height standard, the development meets the objectives of the standard and the zone, and all relevant jurisdictional prerequisites are satisfied.

Parties
First Applicant: Ilario Musolino; Second Applicant: Lisa Marie Musolino; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
13 October 2023
Procedural Posture
Development Appeal / Conciliation Conference, Final Orders
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Standards, Building Height, Development Consent, Local Environmental Plans, Conciliation Procedure
Planning and Environment Development Standards Building Height Development Consent Local Environmental Plans Conciliation Procedure

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Parties

Ilario Musolino

First Applicant

Lisa Marie Musolino

Second Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Development Appeal / Conciliation Conference, Final Orders

Legal Issues

  1. 1 Whether the proposed development justifies contravention of maximum building height standard under cl 4.3 of the Sutherland Shire Local Environmental Plan 2015
  2. 2 Whether jurisdictional prerequisites for granting development consent are met, including consideration of environmental planning grounds and impacts

Ratio Decidendi

The appeal is upheld and development consent granted as the applicant's cl 4.6 request demonstrated sufficient environmental planning grounds for contravention of the maximum height standard, the development meets the objectives of the standard and the zone, and all relevant jurisdictional prerequisites are satisfied.

Court Disposition

Appeal upheld; development consent granted

Orders

  • The written request under cl 4.6 of the Sutherland Shire Local Environmental Plan 2015 prepared by Wynne Planning, dated September 2023 in relation to cl 4.3 is upheld.
  • The appeal is upheld.