Traders in Purple 112 Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1075

Traders in Purple 112 Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1075

The grant of development consent was appropriate as (1) sufficient grounds justified the contravention of the landscaped area development standard, (2) the retention and adaptation of the heritage-listed church appropriately addressed heritage provisions, and (3) the parties’ agreement at conciliation met jurisdictional prerequisites under the LEC Act.

Parties
Applicant: Traders in Purple 112 Pty Ltd; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
08 February 2019
Procedural Posture
Development Application Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld and development consent granted subject to conditions by agreement of the parties.
Legal Topics
Development Application, Multi Dwelling Development, Heritage, Landscaped Area, Conciliation Conference, Deferred Commencement Conditions, Strata Subdivision
Planning and Environment Law Development Application Multi Dwelling Development Heritage Landscaped Area Conciliation Conference Deferred Commencement Conditions Strata Subdivision

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Parties

Traders in Purple 112 Pty Ltd

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Development Application Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether the development application should be approved subject to conditions, particularly concerning landscaped area non-compliance and heritage impacts

Ratio Decidendi

The grant of development consent was appropriate as (1) sufficient grounds justified the contravention of the landscaped area development standard, (2) the retention and adaptation of the heritage-listed church appropriately addressed heritage provisions, and (3) the parties’ agreement at conciliation met jurisdictional prerequisites under the LEC Act.

Court Disposition

Appeal upheld and development consent granted subject to conditions by agreement of the parties.

Orders

  • The applicant is granted leave to rely upon the amended plans referred to in condition 1 of annexure 'A'.
  • The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $2,000.