GV Nominee No 1 Pty Ltd v Central Coast Council [2021] NSWLEC 1230

GV Nominee No 1 Pty Ltd v Central Coast Council [2021] NSWLEC 1230

As the statutory prerequisites for grant of consent are satisfied and the decision reflects an agreement the Court could properly make, the appeal is upheld and consent granted in accordance with the parties' agreement as required by s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
06 May 2021
Procedural Posture
Class 1 Appeal / Judgment After Conciliation Conference; Determination Following Settlement Between Parties
Outcome
Appeal upheld. Development consent granted.
Legal Topics
['development Application' 'conciliation Conference' 'subdivision' 'environmental Planning Consent']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'subdivision' 'environmental Planning Consent']

Case Brief

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Procedural Posture

Class 1 Appeal / Judgment After Conciliation Conference; Determination Following Settlement Between Parties

Legal Issues

  1. 1 ['Whether the statutory and jurisdictional prerequisites for granting development consent are satisfied' "Whether the parties' agreement is one the Court could make in the proper exercise of its functions"]

Ratio Decidendi

As the statutory prerequisites for grant of consent are satisfied and the decision reflects an agreement the Court could properly make, the appeal is upheld and consent granted in accordance with the parties' agreement as required by s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld. Development consent granted.

Orders

  • ['The appeal is upheld.' "Development consent is granted to development application DA/465/2020 lodged with Central Coast Council on 18 May 2020 in relation to development for a 95 residential lot subdivision (staged) with two (2) stormwater management facility lots at Lot 149 DP 1256521, also known as 5 Scribbly...