Lombardi v Bayside Council [2020] NSWLEC 1397

Lombardi v Bayside Council [2020] NSWLEC 1397

The appeal is upheld and development application approved, as the development complies with all relevant planning controls, is compatible with the local area, and the agreement between the parties is one the Court can properly make under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
27 August 2020
Procedural Posture
Development Application Appeal (class 1) / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld; development application approved, subject to conditions; applicant to pay respondent's costs.
Legal Topics
['development Application' 'boarding House' 'conciliation Agreement' 'land Zoning' 'consent Authority']
['planning and Environment Law'] ['development Application' 'boarding House' 'conciliation Agreement' 'land Zoning' 'consent Authority']

Case Brief

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Procedural Posture

Development Application Appeal (class 1) / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 ['Whether consent should be granted for demolition and construction of a two-storey boarding house' 'Whether the proposed development complies with relevant planning instruments and standards' 'Whether the proposed development is compatible with the character of the local area']

Ratio Decidendi

The appeal is upheld and development application approved, as the development complies with all relevant planning controls, is compatible with the local area, and the agreement between the parties is one the Court can properly make under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development application approved, subject to conditions; applicant to pay respondent's costs.

Orders

  • ['The Applicant is granted leave to rely on the amended plans listed in condition 2 of the conditions at Annexure A to this agreement.' "The Applicant is to pay the Respondent's costs thrown away under s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $10,000 within 28 days of...