Elaine Richardson Architect v Inner West Council [2019] NSWLEC 1508

Elaine Richardson Architect v Inner West Council [2019] NSWLEC 1508

The Court, being satisfied that the amended plans and conditions resolve all contentions and that the parties' agreement is one it could have made, orders that development consent be granted subject to conditions and the applicant pays the respondent's thrown away costs.

Parties
Applicant: Elaine Richardson Architect; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
29 October 2019
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted.
Legal Topics
Development Application, Conciliation Conference, Appeal, Development Consent, Costs
Planning and Environment Development Application Conciliation Conference Appeal Development Consent Costs

Case Brief

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Parties

Elaine Richardson Architect

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for construction of new outdoor dining area and associated works at 30 Terminus Street, Petersham
  2. 2 Whether amended plans resolve original contentions
  3. 3 Whether jurisdictional requirement under cl 7 of SEPP 55 – Remediation of Land is satisfied

Ratio Decidendi

The Court, being satisfied that the amended plans and conditions resolve all contentions and that the parties' agreement is one it could have made, orders that development consent be granted subject to conditions and the applicant pays the respondent's thrown away costs.

Court Disposition

Appeal upheld; development consent granted.

Orders

  • The applicant is granted leave to rely on the amended plans that are listed at Annexure 'A'.
  • The applicant is to pay the respondent's costs thrown away as a result of the amended plans in the amount of $10,245.00, within 28 days of the making of these orders, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979.