Crystalland Capital Pty Ltd v Fairfield City Council [2021] NSWLEC 1364

Crystalland Capital Pty Ltd v Fairfield City Council [2021] NSWLEC 1364

The consent orders were made because the parties' agreement was one the Court could make in proper exercise of its function, the amended development application complied with relevant planning controls and State Environmental Planning Policies, and procedural requirements were satisfied.

Jurisdiction
Australia
Judgment Date
22 June 2021
Procedural Posture
Appeal Development Application / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; costs ordered.
Legal Topics
['development Application' 'appeal' 'boarding House' 'conciliation Conference' 'consent Orders']
['planning and Environment Law'] ['development Application' 'appeal' 'boarding House' 'conciliation Conference' 'consent Orders']

Case Brief

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Procedural Posture

Appeal Development Application / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether leave should be granted to amend the development application' 'Whether the amended development application complies with planning instruments and policies' 'Whether development consent should be granted for the proposed boarding house']

Ratio Decidendi

The consent orders were made because the parties' agreement was one the Court could make in proper exercise of its function, the amended development application complied with relevant planning controls and State Environmental Planning Policies, and procedural requirements were satisfied.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs ordered.

Orders

  • ['The Applicant is granted leave to amend the development application DA354.1/2020 and rely on the amended plans referred to in Condition 1 of Annexure A.' "The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the development application pursuant to s 8.15(3) of the...