Young v Sutherland Shire Council [2023] NSWLEC 1119
The appeal is upheld and development consent granted because all statutory preconditions for granting consent are met, with compliance as to planning, environmental and amenity requirements, and the parties reached agreement at conciliation with adequate conditions imposed.
- Parties
- Applicant: Troy Young; Respondent: Sutherland Shire Council
- Jurisdiction
- Australia
- Judgment Date
- 16 March 2023
- Procedural Posture
- Development Application Appeal / Conciliation, Final Orders
- Outcome
- Appeal upheld; development consent granted subject to conditions
- Legal Topics
- Development Application, Consent Conditions, Conciliation Conference
Case Brief
Summary, issues, holding and outcome
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Parties
Troy Young
Applicant
Sutherland Shire Council
Respondent
Procedural Posture
Development Application Appeal / Conciliation, Final Orders
Legal Issues
- 1 Whether the jurisdictional prerequisites for granting development consent are met
- 2 Whether the development application should be granted subject to conditions
Ratio Decidendi
The appeal is upheld and development consent granted because all statutory preconditions for granting consent are met, with compliance as to planning, environmental and amenity requirements, and the parties reached agreement at conciliation with adequate conditions imposed.
Court Disposition
Appeal upheld; development consent granted subject to conditions
Orders
- The appeal is upheld.
- Development consent is granted to Development Application No. DA 22/0625 for the alterations and additions to the existing dwelling house at 5 Lugano Avenue, Burraneer NSW 2230 subject to the conditions contained in Annexure A.
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