AF1 Services Pty Ltd v Waverley Council [2019] NSWLEC 1515

AF1 Services Pty Ltd v Waverley Council [2019] NSWLEC 1515

The Court was satisfied that the amended development application for a residential flat building complied with all applicable planning standards and requirements and agreed to dispose of the proceedings in accordance with the parties' agreement, granting development consent subject to conditions and ordering costs thrown away due to the amendment.

Parties
Applicant: AF1 Services Pty Ltd; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
29 October 2019
Procedural Posture
Appeal / Final Determination Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; costs order in favour of the Respondent
Legal Topics
Development Application, Residential Flat Building, Conciliation Conference, Development Consent
Planning and Environment Development Application Residential Flat Building Conciliation Conference Development Consent

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Parties

AF1 Services Pty Ltd

Applicant

Waverley Council

Respondent

Procedural Posture

Appeal / Final Determination Following Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for amended application for residential flat building
  2. 2 Whether amended plans comply with applicable planning instrument and regulatory standards

Ratio Decidendi

The Court was satisfied that the amended development application for a residential flat building complied with all applicable planning standards and requirements and agreed to dispose of the proceedings in accordance with the parties' agreement, granting development consent subject to conditions and ordering costs thrown away due to the amendment.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs order in favour of the Respondent

Orders

  • Leave granted for Applicant to rely on amended architectural and landscape plans
  • Applicant to pay Respondent costs thrown away as a result of amending the application in the sum of $15,000 within 28 days