The Trustee for Kyriacou Wise Property Unit Trust v Sutherland Shire Council [2021] NSWLEC 1427

The Trustee for Kyriacou Wise Property Unit Trust v Sutherland Shire Council [2021] NSWLEC 1427

The proposed child care centre, as amended by agreement, complied with all relevant planning controls, instruments, and statutory requirements, including space, zoning, design, landscaping, stormwater, and amenity considerations. No jurisdictional impediment to consent existed, and the agreement was one the Court could have made, requiring disposal of the proceedings accordingly under s 34(3) of the LEC Act.

Jurisdiction
Australia
Judgment Date
27 July 2021
Procedural Posture
Development Appeal (class 1) / Post Conciliation Conference; Final Orders After Agreement
Outcome
Appeal upheld; development consent granted subject to conditions; costs thrown away to be paid by applicant
Legal Topics
['development Application' 'child Care Facilities' 'conciliation Conference' 'agreement Approval']
['planning and Environment'] ['development Application' 'child Care Facilities' 'conciliation Conference' 'agreement Approval']

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Procedural Posture

Development Appeal (class 1) / Post Conciliation Conference; Final Orders After Agreement

Legal Issues

  1. 1 ['Whether amended development application for child care facility satisfies relevant planning controls and requirements' 'Whether Court should approve consent orders flowing from agreement under s 34 Land and Environment Court Act 1979']

Ratio Decidendi

The proposed child care centre, as amended by agreement, complied with all relevant planning controls, instruments, and statutory requirements, including space, zoning, design, landscaping, stormwater, and amenity considerations. No jurisdictional impediment to consent existed, and the agreement was one the Court could have made, requiring disposal of the proceedings accordingly under s 34(3) of the LEC Act.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs thrown away to be paid by applicant

Orders

  • ['The Applicant is granted leave to rely on the amended plans set out in Condition 1 of Annexure A.' "The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application for development consent, under section 8.15(3) of the Environmental Planning and Assessment Act 1979." 'The...