Guido Developments Pty Ltd v Wollongong City Council [2019] NSWLEC 1641

Guido Developments Pty Ltd v Wollongong City Council [2019] NSWLEC 1641

The parties reached an agreement at conciliation for development consent subject to amended plans and payment of costs by the applicant. The Court was satisfied it could properly make the orders under s 34(3) of the Land and Environment Court Act 1979 as all necessary statutory requirements and notifications were met.

Parties
Applicant: Guido Developments Pty Ltd; Respondent: Wollongong City Council
Jurisdiction
Australia
Judgment Date
24 December 2019
Procedural Posture
Appeal (class 1) – Development Application / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; costs ordered against applicant
Legal Topics
Development Applications, Conciliation Conferences, Local Environmental Plans, Costs Orders
Planning and Environment Development Applications Conciliation Conferences Local Environmental Plans Costs Orders

Case Brief

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Parties

Guido Developments Pty Ltd

Applicant

Wollongong City Council

Respondent

Procedural Posture

Appeal (class 1) – Development Application / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for demolition and construction of multi-dwelling housing with subdivision
  2. 2 Whether the parties' agreement is one the Court can properly make under s 34(3) Land and Environment Court Act 1979

Ratio Decidendi

The parties reached an agreement at conciliation for development consent subject to amended plans and payment of costs by the applicant. The Court was satisfied it could properly make the orders under s 34(3) of the Land and Environment Court Act 1979 as all necessary statutory requirements and notifications were met.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs ordered against applicant

Orders

  • The Applicant is granted leave to rely on amended plans referred to in Condition 1 of Annexure A
  • The Applicant is to pay the Respondent's costs thrown away as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the total amount of $4,580.00 payable within 28 days of this agreement.