Aliyah Putri Pty Ltd v Randwick City Council [2018] NSWLEC 1307

Aliyah Putri Pty Ltd v Randwick City Council [2018] NSWLEC 1307

An agreement having been reached by the parties consistent with s 34(3) of the Land and Environment Court Act 1979, the appeal was upheld and the development application was approved subject to conditions, without merit assessment of the substantive planning issues.

Jurisdiction
Australia
Judgment Date
20 June 2018
Procedural Posture
Class 1 Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld. Development application approved, subject to conditions.
Legal Topics
['development Application' 'residential Flat Building' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Procedure']
['planning and Environment Law'] ['development Application' 'residential Flat Building' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Procedure']

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Procedural Posture

Class 1 Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether to approve Development Application DA-542/2017 for demolition of an existing dwelling and construction of a residential flat building comprising 13 units at 6 Forsyth Street, Kingsford']

Ratio Decidendi

An agreement having been reached by the parties consistent with s 34(3) of the Land and Environment Court Act 1979, the appeal was upheld and the development application was approved subject to conditions, without merit assessment of the substantive planning issues.

Court Disposition

Appeal upheld. Development application approved, subject to conditions.

Orders

  • ['Leave granted to rely on amended plans listed in condition 1 of Annexure A.' "Applicant to pay the Council's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed." 'The appeal is upheld.' 'Development Application No. (DA/542/2017) for demolition of the...