Eisenschmitt Pty Ltd v Wingecarribee Shire Council [2022] NSWLEC 1136

Eisenschmitt Pty Ltd v Wingecarribee Shire Council [2022] NSWLEC 1136

The amended development application DA/21/0992 satisfies all jurisdictional prerequisites and relevant planning requirements under the EPA Act and associated instruments, and the consent authority has agreed the issues have been resolved such that the appeal should be upheld and consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
23 March 2022
Procedural Posture
Appeal / Final Determination After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
['development Application' 'residential Construction' 'conciliation Conference' 'consent Orders']
['planning and Environment'] ['development Application' 'residential Construction' 'conciliation Conference' 'consent Orders']

Case Brief

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Procedural Posture

Appeal / Final Determination After Conciliation Conference

Legal Issues

  1. 1 ['Whether the development application DA/21/0992 should be approved for demolition and construction of multi dwelling housing' 'Whether amended plans and supporting documents comply with statutory and planning controls']

Ratio Decidendi

The amended development application DA/21/0992 satisfies all jurisdictional prerequisites and relevant planning requirements under the EPA Act and associated instruments, and the consent authority has agreed the issues have been resolved such that the appeal should be upheld and consent granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • ['The appeal is upheld.' "Development Consent is granted to DA/21/0992 for the demolition of existing structures and construction of a multi dwelling housing development comprising 9 townhouse dwellings at 3 Brewster Street, Mittagong, subject to conditions contained in Annexure 'A'."]