Todarello v Blue Mountains City Council [2019] NSWLEC 1043

Todarello v Blue Mountains City Council [2019] NSWLEC 1043

The appeal is upheld and development consent granted because the parties’ agreement complies with all statutory and planning requirements, jurisdictional prerequisites are satisfied, and the Court could have made this decision in the proper exercise of its functions.

Parties
First Applicant: Antonio Todarello; Second Applicant: Maria-Theresa Todarello; Respondent: Blue Mountains City Council
Jurisdiction
Australia
Judgment Date
07 February 2019
Procedural Posture
Class 1 Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted on conditions; no cost orders
Legal Topics
Development Application, Existing Use Rights, Waste and Stormwater Management, Landscaping, Roads Concurrence
Planning and Environment Development Application Existing Use Rights Waste and Stormwater Management Landscaping Roads Concurrence

Case Brief

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Parties

Antonio Todarello

First Applicant

Maria-Theresa Todarello

Second Applicant

Blue Mountains City Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether consent should be granted for DA X/1109/2015 seeking removal of unauthorised works, new water treatment systems, and increase in retail/supply/display areas
  2. 2 Whether the development meets requirements for existing use rights and statutory compliance

Ratio Decidendi

The appeal is upheld and development consent granted because the parties’ agreement complies with all statutory and planning requirements, jurisdictional prerequisites are satisfied, and the Court could have made this decision in the proper exercise of its functions.

Court Disposition

Appeal upheld; development consent granted on conditions; no cost orders

Orders

  • The Appeal is upheld.
  • Development consent is granted in respect of development application X/1109/2015 (dated 28 October 2015) on the conditions set out in document attached and marked "BMCC 1".