Minas v Goulburn Mulwaree Council [2021] NSWLEC 1506

Minas v Goulburn Mulwaree Council [2021] NSWLEC 1506

The Court determined that, as amended and conditioned by the parties' conciliation agreement, the proposed development and associated works satisfactorily addressed planning controls, flood risks, BCA requirements, and other matters relevant to the consent authority's functions. All jurisdictional prerequisites having been met, the Court was required to make orders granting development consent (with conditions) and directing the issue of a Building Information Certificate upon completion of the relevant works.

Jurisdiction
Australia
Judgment Date
01 September 2021
Procedural Posture
Class 1 Planning Appeal and Building Information Certificate (bic) Appeal / Consent Orders Following Conciliation Conference
Outcome
Appeals upheld; development consent granted with conditions; Council directed to issue Building Information Certificate once conditions are satisfied.
Legal Topics
['development Application Appeals' 'building Information Certificates' 'flooding Impact' 'environmental Planning Instruments' 'conciliation Agreements']
['planning and Environment Law'] ['development Application Appeals' 'building Information Certificates' 'flooding Impact' 'environmental Planning Instruments' 'conciliation Agreements']

Case Brief

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Procedural Posture

Class 1 Planning Appeal and Building Information Certificate (bic) Appeal / Consent Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent should be granted for alterations and additions to a residential flat building on flood prone land' 'Whether a Building Information Certificate should be issued for existing and modified works where Council refused both applications due to flood risk and non-compliance with building standards']

Ratio Decidendi

The Court determined that, as amended and conditioned by the parties' conciliation agreement, the proposed development and associated works satisfactorily addressed planning controls, flood risks, BCA requirements, and other matters relevant to the consent authority's functions. All jurisdictional prerequisites having been met, the Court was required to make orders granting development consent (with conditions) and directing the issue of a Building Information Certificate upon completion of the relevant works.

Court Disposition

Appeals upheld; development consent granted with conditions; Council directed to issue Building Information Certificate once conditions are satisfied.

Orders

  • ['Court agrees to amendments to Development Application No. DA/0216/2021 as per conciliation agreement and referenced plan set.' 'Goulburn Mulwaree Council to lodge agreed amendments to DA on NSW planning portal within 14 days and notify applicant and Court.' 'Applicant to file copy of amended DA within 7 days after...