Recent Cases

Hinkler Ave 1 Pty Limited v Sutherland Shire Council [2023] NSWCA 264 (02 November 2023) (Gleeson JA, Basten AJA and Preston CJ of LEC)


PLANNING AND ENVIRONMENT – development application for mixed use development – repeal and replacement of environmental planning instrument – savings provision for development application “made, but not yet determined” by commencement date – when development application “made” – requirements to comply with prescribed form and manner – whether compliance with requirements – interpretation and application of requirements