Brightstone Developments Pty Ltd v Georges River Council [2019] NSWLEC 1610

Brightstone Developments Pty Ltd v Georges River Council [2019] NSWLEC 1610

The decision to grant development consent to the amended application, subject to conditions, was reached by agreement between the parties in a conciliation conference and the Court was satisfied that it is a decision that could be properly made under s 34(3) of the Land and Environment Court Act 1979, having regard to compliance with relevant planning controls and statutory requirements.

Jurisdiction
Australia
Judgment Date
06 December 2019
Procedural Posture
Class 1 Development Appeal / Conciliation Conference With Final Consent Orders
Outcome
Development consent granted with conditions
Legal Topics
['development Application' 'appeal' 'multi Dwelling Housing' 'conciliation Conference' 'development Consent']
['planning and Environment Law'] ['development Application' 'appeal' 'multi Dwelling Housing' 'conciliation Conference' 'development Consent']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Conciliation Conference With Final Consent Orders

Legal Issues

  1. 1 ['Whether development consent should be granted for amended multi-dwelling housing application at 1–5 Rickard Road, South Hurstville']

Ratio Decidendi

The decision to grant development consent to the amended application, subject to conditions, was reached by agreement between the parties in a conciliation conference and the Court was satisfied that it is a decision that could be properly made under s 34(3) of the Land and Environment Court Act 1979, having regard to compliance with relevant planning controls and statutory requirements.

Court Disposition

Development consent granted with conditions

Orders

  • ['Leave granted to applicant to rely on amended plans and documents as listed' "Applicant to pay respondent's costs thrown away in the amount of $3,500.00" 'Appeal upheld' 'Development application DA2017/0460 approved for 14 two-storey dwellings with basement car parking at 1–5 Rickard Road, South Hurstville,...