Carlton Investments No.1 Pty Ltd v Georges River Council [2019] NSWLEC 1195

Carlton Investments No.1 Pty Ltd v Georges River Council [2019] NSWLEC 1195

The jurisdictional prerequisites for granting consent under s 4.16 of the EP&A Act, including the maximum height development standard and variation request, were satisfied; the parties' agreed decision was one the Court could properly make, so the appeal was upheld and the development application approved subject to conditions.

Jurisdiction
Australia
Judgment Date
30 April 2019
Procedural Posture
Appeal / Conciliation Conference; Orders Following Conference
Outcome
Appeal upheld; development application approved subject to conditions; applicant to pay respondent's costs
Legal Topics
['development Application' 'variation of Development Standards' 'height of Buildings' 'conciliation Conference' 'costs']
['planning and Environment'] ['development Application' 'variation of Development Standards' 'height of Buildings' 'conciliation Conference' 'costs']

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Procedural Posture

Appeal / Conciliation Conference; Orders Following Conference

Legal Issues

  1. 1 ['Whether jurisdictional prerequisites are satisfied for granting consent to the development application' 'Whether the Clause 4.6 variation to the height of buildings development standard should be upheld']

Ratio Decidendi

The jurisdictional prerequisites for granting consent under s 4.16 of the EP&A Act, including the maximum height development standard and variation request, were satisfied; the parties' agreed decision was one the Court could properly make, so the appeal was upheld and the development application approved subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions; applicant to pay respondent's costs

Orders

  • ['Applicant is granted leave to rely upon specified plans, drawings and materials' "Applicant to pay Respondent's costs in the amount of $35,000 in full and final satisfaction; previous costs orders set aside" 'Clause 4.6 variation application regarding height standard upheld' 'Appeal upheld' 'Development...