Appin Holdings Pty Ltd v Wollondilly Shire Council [2024] NSWLEC 1678

Appin Holdings Pty Ltd v Wollondilly Shire Council [2024] NSWLEC 1678

The appeal is upheld and development consent granted as the amended application complies with all applicable statutory requirements, planning controls, and all jurisdictional prerequisites for granting the consent are satisfied as set out in the agreed statement and supporting materials.

Parties
Applicant: Appin Holdings Pty Ltd; Respondent: Wollondilly Shire Council
Jurisdiction
Australia
Judgment Date
25 October 2024
Procedural Posture
Appeal (class 1, Development Application) / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's costs.
Legal Topics
Development Consent, Child Care Facility, Conciliation Conference, Costs
Planning and Environment Development Consent Child Care Facility Conciliation Conference Costs

Case Brief

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Parties

Appin Holdings Pty Ltd

Applicant

Wollondilly Shire Council

Respondent

Procedural Posture

Appeal (class 1, Development Application) / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for the amended child care facility application at 6 Macquariedale Road, Appin
  2. 2 Whether the development application, as amended, meets relevant statutory requirements including planning controls and preconditions

Ratio Decidendi

The appeal is upheld and development consent granted as the amended application complies with all applicable statutory requirements, planning controls, and all jurisdictional prerequisites for granting the consent are satisfied as set out in the agreed statement and supporting materials.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's costs.

Orders

  • The Applicant is granted leave to file the Amended Development Application referred to in [8].
  • The Appeal is upheld.