KBA Elermore Vale Pty Ltd v Newcastle City Council [2019] NSWLEC 1266

KBA Elermore Vale Pty Ltd v Newcastle City Council [2019] NSWLEC 1266

Since jurisdictional prerequisites and the requirements of relevant planning instruments are met and the parties' agreement is within the Court's powers, the appeal is upheld and consent is granted subject to conditions.

Parties
Applicant: KBA Elermore Vale Pty Ltd; Respondent: Newcastle City Council; Counsel for Respondent: F Berglund
Jurisdiction
Australia
Judgment Date
14 June 2019
Procedural Posture
Development Appeal / Appeal Against Refusal; Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; no order as to costs.
Legal Topics
Development Application, Multi Dwelling Housing, Section 34 Conciliation Conference, Zoning (r2 Low Density Residential)
Environmental Law Planning Law Development Application Multi Dwelling Housing Section 34 Conciliation Conference Zoning (r2 Low Density Residential)

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

KBA Elermore Vale Pty Ltd

Applicant

Newcastle City Council

Respondent

F Berglund

Counsel for Respondent

Procedural Posture

Development Appeal / Appeal Against Refusal; Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the development application for demolition and construction of multi-dwelling housing should be granted consent
  2. 2 Whether planning instruments and jurisdictional requirements for consent have been satisfied

Ratio Decidendi

Since jurisdictional prerequisites and the requirements of relevant planning instruments are met and the parties' agreement is within the Court's powers, the appeal is upheld and consent is granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; no order as to costs.

Orders

  • The appeal is upheld.
  • Development application DA 2017/00436 for demolition and construction of multi-dwelling housing is granted subject to conditions in Annexure 'A'.