Forte Properties Pty Ltd v Waverley Council [2022] NSWLEC 1232

Forte Properties Pty Ltd v Waverley Council [2022] NSWLEC 1232

All jurisdictional prerequisites for development consent having been met and the agreement of the parties complying with the planning legislation and control requirements, the appeal is upheld and development consent is granted subject to conditions.

Jurisdiction
Australia
Judgment Date
03 May 2022
Procedural Posture
Class 1 Appeal Under Environmental Planning and Assessment Act 1979 / Final Orders Following Conciliation Conference and Agreement
Outcome
Appeal upheld; development consent granted; applicant to pay respondent's costs thrown away
Legal Topics
['development Applications' 'heritage' 'local Environmental Plan' 'development Control Plan' 'basix' 'conciliation' 'costs']
['planning and Environment'] ['development Applications' 'heritage' 'local Environmental Plan' 'development Control Plan' 'basix' 'conciliation' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Under Environmental Planning and Assessment Act 1979 / Final Orders Following Conciliation Conference and Agreement

Legal Issues

  1. 1 ['Whether development consent should be granted for substantial alterations and additions to an existing shop top housing development' 'Whether the jurisdictional prerequisites for the grant of consent have been met' 'Effect of the development on heritage significance' 'Suitability of the site' 'Compliance of amended development with relevant planning instruments']

Ratio Decidendi

All jurisdictional prerequisites for development consent having been met and the agreement of the parties complying with the planning legislation and control requirements, the appeal is upheld and development consent is granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted; applicant to pay respondent's costs thrown away

Orders

  • ["The applicant is to pay the respondent's costs thrown away as a result of the amendment to the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of $14,000, to be paid within 28 days of these orders." 'The appeal is upheld.' 'Development consent is...