GV Nominee No 1 Pty Ltd v Central Coast Council [2018] NSWLEC 1328

GV Nominee No 1 Pty Ltd v Central Coast Council [2018] NSWLEC 1328

Given agreement had been reached between the parties and the Court was satisfied it could properly have made the decision, s 34(3) of the Land and Environment Court Act 1979 required the appeal to be upheld and consent granted.

Parties
Applicant: GV Nominee No 1 Pty Ltd; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
29 June 2018
Procedural Posture
Class 1 Appeal / Appeal Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to agreed conditions.
Legal Topics
Development Applications, Conciliation Conference, Subdivision Consent
Planning and Environment Law Development Applications Conciliation Conference Subdivision Consent

Case Brief

Summary, issues, holding and outcome

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Parties

GV Nominee No 1 Pty Ltd

Applicant

Central Coast Council

Respondent

Procedural Posture

Class 1 Appeal / Appeal Following Conciliation Conference

Legal Issues

  1. 1 Whether the appeal should be upheld and consent granted for the proposed subdivision

Ratio Decidendi

Given agreement had been reached between the parties and the Court was satisfied it could properly have made the decision, s 34(3) of the Land and Environment Court Act 1979 required the appeal to be upheld and consent granted.

Court Disposition

Appeal upheld; development consent granted subject to agreed conditions.

Orders

  • The appeal is upheld.
  • Consent is granted to development application DA/1058/2017, for a residential subdivision comprising 15 lots at proposed lot 2 in the subdivision of Lot 455 DP 786675 No. 31 Bemboka Crescent, Glenning Valley and Lot 2 DP 1100181, No. 79 Berkeley Road, Berkeley Vale subject to the conditions contained in Annexure A.