Deluxe Project Group Pty Ltd v Wingecarribee Shire Council [2019] NSWLEC 1006

Deluxe Project Group Pty Ltd v Wingecarribee Shire Council [2019] NSWLEC 1006

The appeal is upheld and development consent granted as the parties’ agreement is a decision the Court could have made in properly exercising its statutory functions, the amended application complies with planning controls, and all prerequisites have been satisfied.

Parties
Applicant: Deluxe Project Group Pty Ltd; Respondent: Wingecarribee Shire Council
Jurisdiction
Australia
Judgment Date
10 January 2019
Procedural Posture
Appeal / Final Disposition After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; costs ordered against applicant.
Legal Topics
Development Application, Seniors Housing, Consent Authority Powers, Local Environmental Plan, Appeal of Refusal
Planning and Environment Development Application Seniors Housing Consent Authority Powers Local Environmental Plan Appeal of Refusal

Case Brief

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Parties

Deluxe Project Group Pty Ltd

Applicant

Wingecarribee Shire Council

Respondent

Procedural Posture

Appeal / Final Disposition After Conciliation Conference

Legal Issues

  1. 1 Whether the amended development application complies with the relevant provisions of the Wingecarribee Local Environmental Plan 2010
  2. 2 Whether the jurisdictional prerequisites for grant of consent are satisfied
  3. 3 Whether the agreement reached at conciliation can be made the order of the Court

Ratio Decidendi

The appeal is upheld and development consent granted as the parties’ agreement is a decision the Court could have made in properly exercising its statutory functions, the amended application complies with planning controls, and all prerequisites have been satisfied.

Court Disposition

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

Orders

  • The applicant is granted leave to amend the development application by substituting specified plans and documents.
  • The applicant is to pay the respondent's costs in the amount of $8,200, inclusive of GST, upon exchange of this agreement.