Epping Real Estate Pty Ltd v Blacktown City Council [2024] NSWLEC 1442

Epping Real Estate Pty Ltd v Blacktown City Council [2024] NSWLEC 1442

The statutory requirements having been satisfied and agreement reached at the conciliation conference, leave is granted to rely on the amended application, development consent is granted subject to conditions, the appeal against the development control order is upheld and the order revoked, and costs orders are made as per the parties' agreement and legislative provisions.

Jurisdiction
Australia
Judgment Date
16 August 2024
Procedural Posture
Class 1 Appeal / Final Determination Following Conciliation Conference
Outcome
Appeal upheld; development consent granted; development control order revoked; costs orders made.
Legal Topics
['development Application' 'development Control Order' 'land Use Consent' 'amended Plans' 'conciliation Conference' 'revocation of Order']
['planning and Environment'] ['development Application' 'development Control Order' 'land Use Consent' 'amended Plans' 'conciliation Conference' 'revocation of Order']

Case Brief

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Procedural Posture

Class 1 Appeal / Final Determination Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the applicant is entitled to rely on an amended development application for use of existing structures' 'Whether the development control order (stop use and demolish works) should be revoked' 'Compliance with State and Local planning instruments regarding hazardous industry, site contamination, and design excellence']

Ratio Decidendi

The statutory requirements having been satisfied and agreement reached at the conciliation conference, leave is granted to rely on the amended application, development consent is granted subject to conditions, the appeal against the development control order is upheld and the order revoked, and costs orders are made as per the parties' agreement and legislative provisions.

Court Disposition

Appeal upheld; development consent granted; development control order revoked; costs orders made.

Orders

  • ['Applicant granted leave to rely on amended development application.' 'Appeal upheld.' 'Development Application No. DA-23-00932, as amended, determined by grant of consent subject to conditions in Annexure A.' "Applicant to pay Respondent's costs thrown away due to amendment as agreed or assessed." 'Appeal against...