JLS Developments Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1583

JLS Developments Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1583

All relevant planning controls and jurisdictional requirements have been satisfied, the amended proposal does not breach applicable standards or planning instruments, and the public interest is served, so consent is appropriately granted by agreement under s 34 of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
01 October 2021
Procedural Posture
Class 1 Appeal Under Environmental Planning and Assessment Act 1979 / Judgment Following Conciliation Conference and Agreement
Outcome
Appeal upheld; development consent granted; costs of $4,000 to respondent.
Legal Topics
['development Application' 'multi Dwelling Housing' 'appeal Against Deemed Refusal' 'development Consent' 'amendment of Application' 'covid 19 Procedures']
['planning and Environment'] ['development Application' 'multi Dwelling Housing' 'appeal Against Deemed Refusal' 'development Consent' 'amendment of Application' 'covid 19 Procedures']

Case Brief

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Procedural Posture

Class 1 Appeal Under Environmental Planning and Assessment Act 1979 / Judgment Following Conciliation Conference and Agreement

Legal Issues

  1. 1 ['Whether the amended development application complies with relevant planning instruments and standards' 'Whether consent should be granted to the amended proposal' 'Whether jurisdictional requirements are met for granting consent by agreement under s 34 of the Land and Environment Court Act 1979']

Ratio Decidendi

All relevant planning controls and jurisdictional requirements have been satisfied, the amended proposal does not breach applicable standards or planning instruments, and the public interest is served, so consent is appropriately granted by agreement under s 34 of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted; costs of $4,000 to respondent.

Orders

  • ["Applicant to pay Respondent's costs thrown away by amendment, fixed at $4,000, within 28 days." 'The appeal is upheld.' 'Consent is granted to Development Application No. 659/2020 for demolition of all existing structures and construction of a two-storey multi-dwelling development containing four dwellings with...