Coles Group Property Developments Ltd v Blacktown City Council [2019] NSWLEC 1531

Coles Group Property Developments Ltd v Blacktown City Council [2019] NSWLEC 1531

As the parties reached agreement at a conciliation conference addressing the substantive contentions and the Court was satisfied all statutory and procedural pre-conditions for consent were met, the development consent was granted subject to agreed conditions.

Parties
Applicant: Coles Group Property Developments Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
05 November 2019
Procedural Posture
Class 1 Appeal / Final Determination After Conciliation Conference
Outcome
Appeal upheld. Development consent granted subject to conditions.
Legal Topics
Development Application, Concept Approval, Stage 1 Works, Shopping Centre
Planning and Environment Development Application Concept Approval Stage 1 Works Shopping Centre

Case Brief

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Parties

Coles Group Property Developments Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Class 1 Appeal / Final Determination After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for the proposed shopping centre development under the amended application
  2. 2 Whether pre-conditions for the granting of consent have been met including infrastructure agreements and approval of relevant authorities

Ratio Decidendi

As the parties reached agreement at a conciliation conference addressing the substantive contentions and the Court was satisfied all statutory and procedural pre-conditions for consent were met, the development consent was granted subject to agreed conditions.

Court Disposition

Appeal upheld. Development consent granted subject to conditions.

Orders

  • The Applicant is granted leave to amend Development Application No. SPP-17-00047 to rely upon specified amended plans.
  • Court notes that as amendments are minor, no order is required under s 8.15(3) of the Environmental Planning and Assessment Act 1979.