Beaini Developments Pty Ltd v Georges River Council [2024] NSWLEC 1290

Beaini Developments Pty Ltd v Georges River Council [2024] NSWLEC 1290

All statutory preconditions relevant to the grant of development consent have been satisfied; agreement between parties resolves contentions and no jurisdictional impediment exists; therefore, appeal is upheld and development consent granted subject to agreed conditions.

Parties
First Applicant: Beaini Developments Pty Ltd; Second Applicant: Beaini Corp Pty Ltd; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
31 May 2024
Procedural Posture
Appeal Against Deemed Refusal of Development Application / Principal Judgment Following Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions; applicants to pay respondent's costs thrown away.
Legal Topics
Development Applications, Appeals, Conciliation Conference, Jurisdictional Preconditions
Planning and Environment Law Development Applications Appeals Conciliation Conference Jurisdictional Preconditions

Case Brief

Summary, issues, holding and outcome

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Parties

Beaini Developments Pty Ltd

First Applicant

Beaini Corp Pty Ltd

Second Applicant

Georges River Council

Respondent

Procedural Posture

Appeal Against Deemed Refusal of Development Application / Principal Judgment Following Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 Whether development consent should be granted for demolition and construction as per DA 2023/0278.
  2. 2 Whether statutory preconditions under relevant legislation are satisfied.

Ratio Decidendi

All statutory preconditions relevant to the grant of development consent have been satisfied; agreement between parties resolves contentions and no jurisdictional impediment exists; therefore, appeal is upheld and development consent granted subject to agreed conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicants to pay respondent's costs thrown away.

Orders

  • The applicants are to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed.
  • The appeal is upheld.