Elder v Lake Macquarie City Council [2019] NSWLEC 1184

Elder v Lake Macquarie City Council [2019] NSWLEC 1184

The appeal is upheld and consent granted as the proposed subdivision, as amended, complies with relevant planning controls, development standards, and jurisdictional requirements. No jurisdictional impediments exist and the matter may be disposed of in accordance with the agreement between the parties under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
24 April 2019
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; consent granted subject to conditions; costs order made.
Legal Topics
['development Application' 'subdivision' 'appeal From Council Refusal' 'conciliation Conference' 'consent Orders']
['planning and Environment'] ['development Application' 'subdivision' 'appeal From Council Refusal' 'conciliation Conference' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the proposed subdivision complies with the Lake Macquarie Local Environment Plan 2014 and the Lake Macquarie Development Control Plan 2014' 'Whether development application DA 1844/2017 should be granted consent subject to conditions']

Ratio Decidendi

The appeal is upheld and consent granted as the proposed subdivision, as amended, complies with relevant planning controls, development standards, and jurisdictional requirements. No jurisdictional impediments exist and the matter may be disposed of in accordance with the agreement between the parties under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; consent granted subject to conditions; costs order made.

Orders

  • ['Leave is granted for the applicant to rely on the amended plan listed in condition 1 of Annexure A.' "The applicant is to pay the Council's costs under section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $2,000." 'The appeal is upheld.' 'Development Application DA/1844/2017 for...