Urban Luxe Property Group Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1580

Urban Luxe Property Group Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1580

The appeal is upheld and development consent granted because the amended development application satisfies all relevant legislative requirements, planning controls, and jurisdictional prerequisites as agreed between the parties and supported by documentary evidence. The Court must make orders in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Urban Luxe Property Group Pty Ltd; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
05 October 2023
Procedural Posture
Development Appeal / Orders Following Conciliation Conference and Agreement Between Parties
Outcome
Appeal upheld; consent granted
Legal Topics
Development Application, Affordable Housing, Conciliation Conference, Jurisdictional Prerequisites, Integrated Development, Costs, Environmental Planning
Planning and Environment Development Application Affordable Housing Conciliation Conference Jurisdictional Prerequisites Integrated Development Costs Environmental Planning

Case Brief

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Parties

Urban Luxe Property Group Pty Ltd

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Development Appeal / Orders Following Conciliation Conference and Agreement Between Parties

Legal Issues

  1. 1 Whether development consent should be granted to DA21/0982, as amended, for demolition and construction of multi-dwelling housing including affordable units
  2. 2 Whether jurisdictional prerequisites under relevant State planning instruments and local environmental plans are satisfied
  3. 3 Whether the amended application complies with relevant planning controls and policies

Ratio Decidendi

The appeal is upheld and development consent granted because the amended development application satisfies all relevant legislative requirements, planning controls, and jurisdictional prerequisites as agreed between the parties and supported by documentary evidence. The Court must make orders in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; consent granted

Orders

  • Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the respondent's costs as agreed or as assessed, within 28 days of any agreement or assessment.
  • The appeal is upheld.