Dartanyon Developments Pty Ltd v Kiama Municipal Council [2020] NSWLEC 1125

Dartanyon Developments Pty Ltd v Kiama Municipal Council [2020] NSWLEC 1125

The appeal is upheld and development consent granted as the amended plans and written request under clause 4.6 satisfied the Court that the exceedance of the height standard is justified, consistent with the planning objectives and public interest.

Parties
Applicant: Dartanyon Developments Pty Ltd; Applicant: The Rogan Property Group Pty Ltd; Respondent: Kiama Municipal Council
Jurisdiction
Australia
Judgment Date
31 March 2020
Procedural Posture
Development Application Appeal / Conciliation Conference and Consent Orders
Outcome
Appeal upheld; development application approved subject to conditions; costs orders made.
Legal Topics
Development Application, Variation of Development Standards, Height of Buildings, Environmental Planning Grounds
Planning and Environment Development Application Variation of Development Standards Height of Buildings Environmental Planning Grounds

Case Brief

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Parties

Dartanyon Developments Pty Ltd

Applicant

The Rogan Property Group Pty Ltd

Applicant

Kiama Municipal Council

Respondent

Procedural Posture

Development Application Appeal / Conciliation Conference and Consent Orders

Legal Issues

  1. 1 Whether consent should be granted for proposed shop top housing development
  2. 2 Whether variation to height standards under clause 4.6 of Kiama Local Environmental Plan 2011 is justified

Ratio Decidendi

The appeal is upheld and development consent granted as the amended plans and written request under clause 4.6 satisfied the Court that the exceedance of the height standard is justified, consistent with the planning objectives and public interest.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs orders made.

Orders

  • Applicant granted leave to rely on amended plans and documents and written request under clause 4.6 of Kiama Local Environmental Plan 2011 dated 5 March 2020.
  • Applicant to pay Respondent's costs thrown away for reviewing amended plans and variation requests and for attendance at the hearing, under s 8.15(3) of Environmental Planning and Assessment Act 1979.