Cornwallis Pty Ltd v City of Sydney Council [2020] NSWLEC 1239

Cornwallis Pty Ltd v City of Sydney Council [2020] NSWLEC 1239

The Court was satisfied by the parties' material and advice that all jurisdictional pre-requisites to the grant of consent had been met, including compliance with permissible land use, floor space ratio, building height, design excellence, notification and environmental remediation requirements. In accordance with s 34(3) of the Land and Environment Court Act 1979, the appeal was upheld and development consent granted as per the parties' agreement.

Parties
Applicant: Cornwallis Pty Ltd; Respondent: City of Sydney Council
Jurisdiction
Australia
Judgment Date
03 June 2020
Procedural Posture
Development Application Class 1 Appeal / Final Orders Following Conciliation Agreement
Outcome
Appeal upheld; development application approved subject to conditions; costs ordered.
Legal Topics
Development Applications, Conciliation Conference, Jurisdictional Pre Requisites, Design Excellence
Planning and Environment Law Development Applications Conciliation Conference Jurisdictional Pre Requisites Design Excellence

Case Brief

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Parties

Cornwallis Pty Ltd

Applicant

City of Sydney Council

Respondent

Procedural Posture

Development Application Class 1 Appeal / Final Orders Following Conciliation Agreement

Legal Issues

  1. 1 Whether jurisdictional pre-requisites for granting development consent are satisfied
  2. 2 Whether agreement between parties is one the Court could properly make under s 34(3) Land and Environment Court Act 1979

Ratio Decidendi

The Court was satisfied by the parties' material and advice that all jurisdictional pre-requisites to the grant of consent had been met, including compliance with permissible land use, floor space ratio, building height, design excellence, notification and environmental remediation requirements. In accordance with s 34(3) of the Land and Environment Court Act 1979, the appeal was upheld and development consent granted as per the parties' agreement.

Court Disposition

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

Orders

  • The Applicant is granted leave to rely on amended plans and documents detailed in the judgment.
  • The Applicant is to pay the Respondent's costs in the amount of $10,000.00 within 28 days.