Johnson Property Group Pty Limited v Cessnock City Council [2019] NSWLEC 1307

Johnson Property Group Pty Limited v Cessnock City Council [2019] NSWLEC 1307

The agreement reached between the parties is a decision the Court could make, no jurisdictional prerequisites remain unsatisfied, and therefore the Court must uphold the appeal and grant consent to the amended development application subject to conditions.

Parties
Applicant: Johnson Property Group Pty Limited; Respondent: Cessnock City Council
Jurisdiction
Australia
Judgment Date
05 July 2019
Procedural Posture
Class 1 / Conciliation Conference Resulting in Agreed Orders
Outcome
Appeal upheld; development consent granted subject to conditions; costs order made.
Legal Topics
Development Application, Subdivision of Land, Conciliation Conference, Appeal Against Deemed Refusal
Planning Law Environmental Law Development Application Subdivision of Land Conciliation Conference Appeal Against Deemed Refusal

Case Brief

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Parties

Johnson Property Group Pty Limited

Applicant

Cessnock City Council

Respondent

Procedural Posture

Class 1 / Conciliation Conference Resulting in Agreed Orders

Legal Issues

  1. 1 Whether development consent should be granted for subdivision of land at Ruby Street, Bellbird
  2. 2 Whether the amended application could be approved subject to conditions

Ratio Decidendi

The agreement reached between the parties is a decision the Court could make, no jurisdictional prerequisites remain unsatisfied, and therefore the Court must uphold the appeal and grant consent to the amended development application subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs order made.

Orders

  • The applicant is given leave to amend the development application by substituting specific plans.
  • The applicant is given leave to amend the development application by including the stormwater, ecological, and audit reports.