Terbass Pty Limited v Sutherland Shire Council [2022] NSWLEC 1649

Terbass Pty Limited v Sutherland Shire Council [2022] NSWLEC 1649

The appeal is upheld and development consent is granted as the amended development application resolves all planning and amenity concerns, complies with statutory requirements and local planning instruments, and appropriate public consultation and expert review have occurred, satisfying the Court that consent should lawfully and appropriately be granted subject to conditions.

Jurisdiction
Australia
Judgment Date
24 November 2022
Procedural Posture
Class 1 Appeal / Judgment and Final Orders
Outcome
Appeal upheld; development consent granted by consent orders subject to conditions.
Legal Topics
['development Application' 'boarding House' 'development Consent' 'appeal Process' 'consent Orders']
['planning and Environment Law'] ['development Application' 'boarding House' 'development Consent' 'appeal Process' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Appeal / Judgment and Final Orders

Legal Issues

  1. 1 ['Whether development consent should be granted for a proposed 4-storey boarding house with basement parking at 24 Searl Road, Cronulla' 'Whether the amended development application addresses and resolves the disputes concerning streetscape character, landscaping, design compliance, amenity impacts, driveway and parking adequacy, and waste collection arrangements' 'Whether the statutory requirements and planning controls have been satisfied' "Whether the public submissions and residents' concerns have been adequately addressed"]

Ratio Decidendi

The appeal is upheld and development consent is granted as the amended development application resolves all planning and amenity concerns, complies with statutory requirements and local planning instruments, and appropriate public consultation and expert review have occurred, satisfying the Court that consent should lawfully and appropriately be granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted by consent orders subject to conditions.

Orders

  • ['The appeal is upheld.' "Development application DA 20/1122 for the demolition of structures, removal of trees and construction of a 4-storey boarding house containing 26 boarding rooms (12 double, 14 single, inclusive of manager's room) for up to 38 occupants over two basement levels with 13 car spaces at 24 Searl...