Best Build NSW Pty Ltd v Georges River Council [2020] NSWLEC 1301

Best Build NSW Pty Ltd v Georges River Council [2020] NSWLEC 1301

The appeal is upheld and development consent granted as the amended development application meets all statutory criteria and the parties have reached an acceptable agreement, which the Court is satisfied is within its power to make pursuant to s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
15 July 2020
Procedural Posture
Appeal Against Deemed Refusal of Development Application / Final Determination After Conciliation Conference
Outcome
Appeal upheld; development consent granted
Legal Topics
['development Application' 'boarding House Development' 'conciliation Conference' 'amended Plans' 'agreement Between Parties']
['planning Law' 'environmental Law'] ['development Application' 'boarding House Development' 'conciliation Conference' 'amended Plans' 'agreement Between Parties']

Case Brief

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Procedural Posture

Appeal Against Deemed Refusal of Development Application / Final Determination After Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent should be granted for a boarding house under relevant planning instruments' 'Compliance with zoning, height limits, contamination, noise, and SEPP standards']

Ratio Decidendi

The appeal is upheld and development consent granted as the amended development application meets all statutory criteria and the parties have reached an acceptable agreement, which the Court is satisfied is within its power to make pursuant to s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted

Orders

  • ['The Applicant is granted leave to rely upon amended plans and documents referred to in Annexure A.' "The Applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Act in the amount of $57,500.00 on or before 23 July 2020 in full and final satisfaction of all the cost orders made in these...