Vickery v Kiama Municipal Council [2018] NSWLEC 1477

Vickery v Kiama Municipal Council [2018] NSWLEC 1477

Agreement under s 34(3) of the Act having been reached and being a decision the Court could have made, the proceedings are disposed of in accordance with the agreement: appeal upheld, development application approved subject to conditions.

Parties
1st Applicant: Joanna Christine Vickery; 2nd Applicant: Kirsty Lyn Fay; Respondent: Kiama Municipal Council
Jurisdiction
Australia
Judgment Date
06 September 2018
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Application, Dual Occupancy, Subdivision, Conciliation Conference, Section 34 Agreement
Planning and Environment Development Application Dual Occupancy Subdivision Conciliation Conference Section 34 Agreement

Case Brief

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Parties

Joanna Christine Vickery

1st Applicant

Kirsty Lyn Fay

2nd Applicant

Kiama Municipal Council

Respondent

Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether refusal of development application should be set aside under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

Agreement under s 34(3) of the Act having been reached and being a decision the Court could have made, the proceedings are disposed of in accordance with the agreement: appeal upheld, development application approved subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • The Appeal is upheld.
  • Development application No. 10.2017.241.1 for the construction of an attached dual occupancy and two lot Torrens title subdivision on Lot 16 DP1206612, 11 Northpoint Place, Bombo, is approved subject to the conditions in Annexure 'A'.