The Trustee for MKD Architects Trust v Sutherland Shire Council [2022] NSWLEC 1487

The Trustee for MKD Architects Trust v Sutherland Shire Council [2022] NSWLEC 1487

The parties' agreement regarding variations to the Height of Buildings and Solar Access standards was accepted, as the written requests demonstrated consistency with planning objectives and sufficient amenity, and consent was otherwise permissible. The development application was therefore determined by granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
13 September 2022
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted with conditions; costs thrown away to Respondent
Legal Topics
['development Application' 'height of Buildings' 'solar Access' 'variation of Development Standards' 'residential Flat Building' 'consent Orders' 'clause 4.6 Written Request']
['planning and Environment Law'] ['development Application' 'height of Buildings' 'solar Access' 'variation of Development Standards' 'residential Flat Building' 'consent Orders' 'clause 4.6 Written Request']

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Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the Applicant is entitled to a variation of development standards for Height of Buildings and Solar Access under cl 4.6 of the Sutherland Shire Local Environmental Plan 2015' 'Whether development consent should be granted for a six-storey residential flat building with basement carparking']

Ratio Decidendi

The parties' agreement regarding variations to the Height of Buildings and Solar Access standards was accepted, as the written requests demonstrated consistency with planning objectives and sufficient amenity, and consent was otherwise permissible. The development application was therefore determined by granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted with conditions; costs thrown away to Respondent

Orders

  • ['Applicants written request to vary Height of Buildings standard upheld' 'Applicants written request to vary Solar Access standard upheld' 'Appeal upheld' 'Development consent granted for DA22/0070, subject to Annexure A conditions' "Applicant to pay Respondent's thrown away costs as agreed or assessed"]