Walton v Sutherland Shire Council [2016] NSWLEC 1276

Walton v Sutherland Shire Council [2016] NSWLEC 1276

The appeal is upheld and development consent granted pursuant to agreement reached under s 34(3) Land and Environment Court Act 1979, with the Clause 4.6 Height variation submission upheld and costs payable pursuant to s97B Environmental Planning & Assessment Act 1979.

Jurisdiction
Australia
Judgment Date
28 June 2016
Procedural Posture
Development Application Appeal / Conciliation Conference; Final Orders
Outcome
Appeal upheld; development application approved
Legal Topics
['development Application' 'height Variation' 'views' 'excavation' 'impact on Vegetation' 'access' 'conciliation Conference' 'agreement Between the Parties']
['planning Law'] ['development Application' 'height Variation' 'views' 'excavation' 'impact on Vegetation' 'access' 'conciliation Conference' 'agreement Between the Parties']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether the amended development application, including a height variation, should be approved; costs under s97B Environmental Planning & Assessment Act 1979']

Ratio Decidendi

The appeal is upheld and development consent granted pursuant to agreement reached under s 34(3) Land and Environment Court Act 1979, with the Clause 4.6 Height variation submission upheld and costs payable pursuant to s97B Environmental Planning & Assessment Act 1979.

Court Disposition

Appeal upheld; development application approved

Orders

  • ['The Applicant is granted leave to rely on the amended plans and documents, referred to in Condition 1 of Annexure A.' 'The Clause 4.6 submission in relation to the Height development standard, by Neustein Urban, is upheld.' 'The Appeal is upheld.' "Application number DA15/0916 for the construction of a new...