Braams v Lake Macquarie City Council [2021] NSWLEC 1085

Braams v Lake Macquarie City Council [2021] NSWLEC 1085

The development application is approved subject to conditions, as the application complies with all relevant legislative and planning controls, appropriate referral authority approvals were obtained, the essential services are available or adequately arranged, and there are no impediments raised by the parties or the Court to making the orders under s 34 of the Land and Environment Court Act 1979.

Parties
Applicant: Garry Braams; Respondent: Lake Macquarie City Council
Jurisdiction
Australia
Judgment Date
19 February 2021
Procedural Posture
Development Application (class 1 Appeal) / Appeal and Final Orders Following Conciliation
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Application, Multi Dwelling Housing, Conciliation Agreement, Land and Environment Court Procedures
Planning and Environment Development Application Multi Dwelling Housing Conciliation Agreement Land and Environment Court Procedures

Case Brief

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Parties

Garry Braams

Applicant

Lake Macquarie City Council

Respondent

Procedural Posture

Development Application (class 1 Appeal) / Appeal and Final Orders Following Conciliation

Legal Issues

  1. 1 Whether the development application should be approved
  2. 2 Whether the development complies with relevant planning instruments and policies

Ratio Decidendi

The development application is approved subject to conditions, as the application complies with all relevant legislative and planning controls, appropriate referral authority approvals were obtained, the essential services are available or adequately arranged, and there are no impediments raised by the parties or the Court to making the orders under s 34 of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • The Applicant is granted leave to amend the application to rely upon the amended architectural plans referred to in Condition 2 of Annexure A.
  • The appeal is upheld.