Forsyth v Campbelltown City Council [2022] NSWLEC 1414

Forsyth v Campbelltown City Council [2022] NSWLEC 1414

The appeal is upheld and development consent granted because the proposed development satisfies all relevant statutory prerequisites and planning controls, and the parties reached agreement under s 34 of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
04 August 2022
Procedural Posture
Development Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted
Legal Topics
['development Application' 'appeal' 'conciliation Conference']
['planning and Environment'] ['development Application' 'appeal' 'conciliation Conference']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Development Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent should be granted for construction of a single storey dwelling and associated site works' 'Whether the proposed development satisfies relevant statutory and planning controls']

Ratio Decidendi

The appeal is upheld and development consent granted because the proposed development satisfies all relevant statutory prerequisites and planning controls, and the parties reached agreement under s 34 of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted

Orders

  • ['The appeal is upheld.' 'Development Application No. DA 225/2020/DA-DW for construction of a single storey dwelling and associated site works on Lot 8177 DP 881519, 1 Denfield Circuit St Helens Park, is determined by grant of development consent, subject to the conditions in Annexure "A".' "Proceedings are disposed...