Landmark Group Australia Pty Ltd v Georges River Council [2021] NSWLEC 1063

Landmark Group Australia Pty Ltd v Georges River Council [2021] NSWLEC 1063

Consent granted for amended development application, including variation of the height development standard, as jurisdictional preconditions were satisfied, an adequate written request justified the breach, and the proposal was consistent with zone and standard objectives.

Jurisdiction
Australia
Judgment Date
10 February 2021
Procedural Posture
Appeal / Post Conciliation Conference, Orders Made
Outcome
Appeal upheld; development consent granted subject to conditions; leave granted to rely on amended plans; written request for height variation upheld; applicant to pay respondent's thrown away costs.
Legal Topics
['development Application' 'residential Flat Building' 'variation to Development Standard' 'height Breach' 'conciliation Conference']
['planning and Environment Law'] ['development Application' 'residential Flat Building' 'variation to Development Standard' 'height Breach' 'conciliation Conference']

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Procedural Posture

Appeal / Post Conciliation Conference, Orders Made

Legal Issues

  1. 1 ['Whether leave should be granted to amend the development application' 'Whether consent should be granted despite breach of the height development standard' 'Whether jurisdictional preconditions are satisfied for the Court to grant consent']

Ratio Decidendi

Consent granted for amended development application, including variation of the height development standard, as jurisdictional preconditions were satisfied, an adequate written request justified the breach, and the proposal was consistent with zone and standard objectives.

Court Disposition

Appeal upheld; development consent granted subject to conditions; leave granted to rely on amended plans; written request for height variation upheld; applicant to pay respondent's thrown away costs.

Orders

  • ['Leave granted for applicant to rely on amended plans and information as referred in conditions of consent at Annexure B and listed at Annexure A.' 'Applicant to pay respondent’s costs thrown away from amendment of development application in the sum of $22,500.00 within 28 days.' 'Applicant’s written request under...