CMT Architects Australia Pty Ltd v Waverley Council [2019] NSWLEC 1576

CMT Architects Australia Pty Ltd v Waverley Council [2019] NSWLEC 1576

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 to grant consent to the amended development application, and the Court is satisfied to make orders accordingly as there is no jurisdictional impediment and statutory requirements are met.

Jurisdiction
Australia
Judgment Date
28 November 2019
Procedural Posture
Appeal (class 1) / Final Orders Following Conciliation and Agreement
Outcome
Appeal upheld; development application approved subject to conditions; costs ordered.
Legal Topics
['development Application' 'hotel/motel Accommodation' 'commercial Premises' 'conciliation Conference' 'consent Orders']
['planning and Environment'] ['development Application' 'hotel/motel Accommodation' 'commercial Premises' 'conciliation Conference' 'consent Orders']

Case Brief

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Procedural Posture

Appeal (class 1) / Final Orders Following Conciliation and Agreement

Legal Issues

  1. 1 ['Whether the amended development application should be approved under the Environmental Planning and Assessment Act 1979' 'Whether leave should be granted to the applicant to rely on amended plans' 'Entitlement to costs as a result of amendments to the development application']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 to grant consent to the amended development application, and the Court is satisfied to make orders accordingly as there is no jurisdictional impediment and statutory requirements are met.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs ordered.

Orders

  • ['Applicant granted leave to rely on amended plans and documents referred to in Condition 1 of Annexure A.' "Applicant to pay the Respondent's costs thrown away as a result of amendments in the amount of $20,000 within 28 days." 'The appeal is upheld.' 'Development Application DA-548/2017 as amended is approved...