Built Developments Pty Ltd v Randwick City Council (No 2) [2021] NSWLEC 1351

Built Developments Pty Ltd v Randwick City Council (No 2) [2021] NSWLEC 1351

Because the parties filed agreed settled conditions of consent reflecting the conclusions in the Court's earlier judgment, the Court was able to make final orders upholding the appeal and granting development consent subject to those conditions.

Jurisdiction
Australia
Judgment Date
16 June 2021
Procedural Posture
Class 1 Development Application Appeal / Final Orders After Filing of Agreed Conditions of Consent
Outcome
Appeal upheld; development application granted consent subject to conditions.
Legal Topics
['development Application' 'warehouse Development' 'off Street Commercial Vehicle Facilities' 'conditions of Development Consent']
['planning and Environment Law'] ['development Application' 'warehouse Development' 'off Street Commercial Vehicle Facilities' 'conditions of Development Consent']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders After Filing of Agreed Conditions of Consent

Legal Issues

  1. 1 ["Whether development application DA/283/2019 should be determined by the grant of consent subject to agreed conditions reflecting the Court's earlier judgment."]

Ratio Decidendi

Because the parties filed agreed settled conditions of consent reflecting the conclusions in the Court's earlier judgment, the Court was able to make final orders upholding the appeal and granting development consent subject to those conditions.

Court Disposition

Appeal upheld; development application granted consent subject to conditions.

Orders

  • ['The appeal is upheld.' "Development application DA/283/2019 seeking consent for the consolidation of the two lots into one lot, demolition of all existing structures, excavation, and construction of a part 2/part 3 level building including basement car parking for 13 cars, warehousing and ancillary office space,...