Campanella Holdings Pty Ltd v City of Canada Bay Council [2022] NSWLEC 1057

Campanella Holdings Pty Ltd v City of Canada Bay Council [2022] NSWLEC 1057

The parties agreed to the grant of development consent for the subdivision application following resolution of Council’s contentions, and the Court is satisfied this is a lawful and proper exercise of its functions and orders accordingly under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
09 February 2022
Procedural Posture
Appeal Development Application Refusal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'subdivision' 'appeal' 'conciliation Conference']
['planning and Environment Law'] ['development Application' 'subdivision' 'appeal' 'conciliation Conference']

Case Brief

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Procedural Posture

Appeal Development Application Refusal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent should be granted for the two-lot residential subdivision at 2 Tennyson Road, Concord' 'Whether the proposed subdivision complies with planning instruments and statutory requirements']

Ratio Decidendi

The parties agreed to the grant of development consent for the subdivision application following resolution of Council’s contentions, and the Court is satisfied this is a lawful and proper exercise of its functions and orders accordingly under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Appeal is upheld.' 'Development consent is granted to Development Application No. DA2021/0083, for the Torrens Title subdivision of the land described as Lot 1 DP 214636 (known as 2 Tennyson Road, Concord) into 2 lots, subject to the conditions in Annexure A.']