Darc Design & Architecture Pty Ltd v Georges River Council [2020] NSWLEC 1177

Darc Design & Architecture Pty Ltd v Georges River Council [2020] NSWLEC 1177

The parties reached agreement at a conciliation conference, satisfying s 34(3) of the Land and Environment Court Act 1979 and the prerequisites under the Environmental Planning and Assessment Act 1979; the Court was satisfied all statutory requirements were met and disposed of proceedings by granting the development consent, allowing reliance on amended plans and upholding the appeal.

Parties
Applicant: Darc Design & Architecture Pty Ltd; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
14 April 2020
Procedural Posture
Class 1 Appeal / Conciliation Conference; Final Orders After Agreement
Outcome
Appeal upheld; Development consent granted subject to conditions
Legal Topics
Development Application, Dual Occupancy, Conciliation Conference, Agreement Between Parties, Demolition and Construction Consent
Planning and Environment Development Application Dual Occupancy Conciliation Conference Agreement Between Parties Demolition and Construction Consent

Case Brief

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Parties

Darc Design & Architecture Pty Ltd

Applicant

Georges River Council

Respondent

Procedural Posture

Class 1 Appeal / Conciliation Conference; Final Orders After Agreement

Legal Issues

  1. 1 Whether the development application should be granted consent under planning laws
  2. 2 Whether the amended plans and documents may be relied upon
  3. 3 Whether the jurisdictional prerequisites for consent are satisfied

Ratio Decidendi

The parties reached agreement at a conciliation conference, satisfying s 34(3) of the Land and Environment Court Act 1979 and the prerequisites under the Environmental Planning and Assessment Act 1979; the Court was satisfied all statutory requirements were met and disposed of proceedings by granting the development consent, allowing reliance on amended plans and upholding the appeal.

Court Disposition

Appeal upheld; Development consent granted subject to conditions

Orders

  • Leave is granted to the Applicant to rely on the amended plans and documents referred to in condition 1 of the conditions of consent at Annexure A.
  • The appeal is upheld.