Johnson Property Group Pty Ltd v Lake Macquarie City Council [2019] NSWLEC 1645

Johnson Property Group Pty Ltd v Lake Macquarie City Council [2019] NSWLEC 1645

The Court upheld the appeal and granted conditional development consent to the amended application for construction and operation of a helipad, as the statutory and planning requirements had been met, jurisdictional prerequisites satisfied, the development was consistent with the concept plan, and party agreement was reached following a conciliation conference.

Jurisdiction
Australia
Judgment Date
24 December 2019
Procedural Posture
Class 1 Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Applications' 'helipad Construction and Operation' 'conciliation Conference' 'appeal Against Deemed Refusal' 'local Environmental Plans' 'state Environmental Planning Policies']
['administrative Law' 'environmental Law' 'planning Law'] ['development Applications' 'helipad Construction and Operation' 'conciliation Conference' 'appeal Against Deemed Refusal' 'local Environmental Plans' 'state Environmental Planning Policies']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether consent should be granted to amended development application for construction and operation of helipad' 'Compliance with environmental planning instruments and statutory requirements' 'Consistency with concept plan approval' 'Assessment of environmental impact and community objections']

Ratio Decidendi

The Court upheld the appeal and granted conditional development consent to the amended application for construction and operation of a helipad, as the statutory and planning requirements had been met, jurisdictional prerequisites satisfied, the development was consistent with the concept plan, and party agreement was reached following a conciliation conference.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['Leave granted to applicant to make minor amendments to DA 1176/2014 for construction and operation of helipad' 'Appeal upheld' 'Consent granted to DA 1176/2014 for helipad at Lake Macquarie subject to conditions in annexure A' 'No order as to costs (except Environmental Planning and Assessment Act 1979 s 8.15(3)...