Willoughby v Blue Mountains City Council [2019] NSWLEC 1033

Willoughby v Blue Mountains City Council [2019] NSWLEC 1033

The Court, being satisfied that the amended plans and proposal address all issues raised, may uphold the appeal and grant consent in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
29 January 2019
Procedural Posture
Appeal / Post Conciliation Conference; Final Orders
Outcome
Appeal upheld; development consent granted
Legal Topics
['development Application' 'dwelling House' 'character' 'consent Orders']
['planning and Environment'] ['development Application' 'dwelling House' 'character' 'consent Orders']

Case Brief

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Procedural Posture

Appeal / Post Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether the amended development proposal addresses the contentions raised regarding the character of the locality and complies with the relevant planning instruments.']

Ratio Decidendi

The Court, being satisfied that the amended plans and proposal address all issues raised, may uphold the appeal and grant consent in accordance with the parties' agreement.

Court Disposition

Appeal upheld; development consent granted

Orders

  • ['The Applicant is granted leave to rely on the amended plans.' 'The appeal is upheld.' 'Development consent is granted to Development Application No. X/878/2017 for demolition of the existing dwelling house and construction of a two storey dwelling house with attached two car garage at 26 Barnet Street, Glenbrook...