Wu & Li Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1316

Wu & Li Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1316

The Commissioner was satisfied that the parties' agreed decision to uphold the appeal and grant development consent subject to conditions was one the Court could make in the proper exercise of its functions because the development was permissible with consent in the R2 Low Density Residential zone, the State Environmental Planning Policy (Affordable Rental Housing) 2009 applied, the site met the accessible area requirement, the development complied with applicable floor space ratio and height standards, cl 14 standards, BASIX requirements, and relevant notification and consideration of submissions had occurred, with no jurisdictional impediment identified.

Jurisdiction
Australia
Judgment Date
09 July 2019
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Final Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Under S 34(3)
Outcome
Appeal upheld and Development Application DA18/0482 approved subject to conditions.
Legal Topics
['development Application Appeal' 'deemed Refusal' 'conciliation Conference' 'affordable Rental Housing' 'multi Dwelling Housing' 'consent Conditions']
['planning and Environment' 'development Consent'] ['development Application Appeal' 'deemed Refusal' 'conciliation Conference' 'affordable Rental Housing' 'multi Dwelling Housing' 'consent Conditions']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Final Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Under S 34(3)

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979" 'Whether Development Application DA18/0482 should be approved subject to conditions']

Ratio Decidendi

The Commissioner was satisfied that the parties' agreed decision to uphold the appeal and grant development consent subject to conditions was one the Court could make in the proper exercise of its functions because the development was permissible with consent in the R2 Low Density Residential zone, the State Environmental Planning Policy (Affordable Rental Housing) 2009 applied, the site met the accessible area requirement, the development complied with applicable floor space ratio and height standards, cl 14 standards, BASIX requirements, and relevant notification and consideration of submissions had occurred, with no jurisdictional impediment identified.

Court Disposition

Appeal upheld and Development Application DA18/0482 approved subject to conditions.

Orders

  • ['The Applicant is granted leave to rely upon the amended plans and documentation referred to in Condition 1 of the conditions annexed hereto and marked "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 as agreed or...