Construction By Design (NSW) Pty Ltd v Georges River Council [2024] NSWLEC 1658

Construction By Design (NSW) Pty Ltd v Georges River Council [2024] NSWLEC 1658

The parties' agreement on the terms of consent is one that the Court could properly make, as all statutory requirements under relevant environmental planning instruments, acts, and regulations have been satisfied. Therefore, the appeal is upheld and development consent is granted subject to conditions.

Parties
Applicant: Construction By Design (NSW) Pty Ltd; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
17 October 2024
Procedural Posture
Class 1 (development Application Appeal) / Post Conciliation Conference; Orders Following Agreement
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Application, Conciliation Conference, Residential Dwelling, Development Consent, Local Environmental Plan, Statutory Compliance
Planning and Environment Development Application Conciliation Conference Residential Dwelling Development Consent Local Environmental Plan Statutory Compliance

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Parties

Construction By Design (NSW) Pty Ltd

Applicant

Georges River Council

Respondent

Procedural Posture

Class 1 (development Application Appeal) / Post Conciliation Conference; Orders Following Agreement

Legal Issues

  1. 1 Whether the amended development application satisfies jurisdictional and statutory requirements for grant of consent
  2. 2 Whether parties' agreement can be approved and orders made as required under relevant legislation

Ratio Decidendi

The parties' agreement on the terms of consent is one that the Court could properly make, as all statutory requirements under relevant environmental planning instruments, acts, and regulations have been satisfied. Therefore, the appeal is upheld and development consent is granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The Appeal is upheld.
  • Development Application No. DA2023/0612, as amended, is determined by the grant of development consent subject to the conditions at Annexure A.