Turland v Wingercarribee Shire Council [2018] NSWLEC 1511

Turland v Wingercarribee Shire Council [2018] NSWLEC 1511

Granting consent for the proposal is justified because the objectives of the height standard are met despite non-compliance; the amended development addresses flood and heritage concerns; and disputed conditions (A3, A4, A5) are appropriately imposed as operative, not deferred commencement, conditions.

Jurisdiction
Australia
Judgment Date
02 October 2018
Procedural Posture
Class 1 Appeal (development Application) / Judgment Following Hearing
Outcome
Appeal upheld; consent granted for the development subject to conditions.
Legal Topics
['development Application' 'height of Buildings Development Standard' 'flood Planning' 'deferred Commencement Conditions' 'heritage Conservation Area' 'environmental Planning Instruments']
['planning and Environment Law'] ['development Application' 'height of Buildings Development Standard' 'flood Planning' 'deferred Commencement Conditions' 'heritage Conservation Area' 'environmental Planning Instruments']

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Procedural Posture

Class 1 Appeal (development Application) / Judgment Following Hearing

Legal Issues

  1. 1 ['Whether development consent should be granted for a residential flat building exceeding height standards on flood-prone and heritage land' 'Whether certain conditions of consent should be deferred commencement or operative conditions']

Ratio Decidendi

Granting consent for the proposal is justified because the objectives of the height standard are met despite non-compliance; the amended development addresses flood and heritage concerns; and disputed conditions (A3, A4, A5) are appropriately imposed as operative, not deferred commencement, conditions.

Court Disposition

Appeal upheld; consent granted for the development subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application No. 16/1079 for demolition of existing structures and construction of a three storey residential flat building over a basement is approved, subject to the conditions of consent at Annexure A.' 'The exhibits, other than exhibits 1 and A, are returned.']