Bunnings Group Limited v Fairfield City Council [2018] NSWLEC 1602

Bunnings Group Limited v Fairfield City Council [2018] NSWLEC 1602

The Court endorsed the parties' agreement to uphold the appeal and grant development consent, being satisfied the decision was within its power, the proposed use was permissible, relevant notifications and considerations had occurred, and no jurisdictional impediments existed.

Jurisdiction
Australia
Judgment Date
20 November 2018
Procedural Posture
Class 1 Appeal Under the Environmental Planning and Assessment Act 1979 / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld
Legal Topics
['development Application' 'conciliation Conference' 'land Use' 'permissibility of Development' 'jurisdictional Powers']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'land Use' 'permissibility of Development' 'jurisdictional Powers']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Under the Environmental Planning and Assessment Act 1979 / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 ['Whether the proposed development is permissible under applicable planning instruments' 'Whether the agreement between parties is one the Court can endorse under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The Court endorsed the parties' agreement to uphold the appeal and grant development consent, being satisfied the decision was within its power, the proposed use was permissible, relevant notifications and considerations had occurred, and no jurisdictional impediments existed.

Court Disposition

Appeal upheld

Orders

  • ['The applicant is granted leave to amend Development Application No. 413.1/2017 to rely on specified amended plans and documents.' 'The appeal is upheld.' 'Development consent is granted to Development Application No. 413.1/2017 for change of use and associated works at 21 Bonnyrigg Avenue, Bonnyrigg, subject to...