Robertson v Kiama Municipal Council [2019] NSWLEC 1091

Robertson v Kiama Municipal Council [2019] NSWLEC 1091

The proceedings were disposed of under s 34(3) of the Land and Environment Court Act 1979 following an agreement between the parties. The Court was satisfied all preconditions to the granting of consent were met, including planning, privacy, access, fire safety, acoustic treatment, and sustainability requirements. Orders were made granting development consent for the conversion to attached dual occupancy.

Jurisdiction
Australia
Judgment Date
05 March 2019
Procedural Posture
Appeal / Conciliation Conference and Decision
Outcome
Appeal upheld; development consent granted
Legal Topics
['development Application' 'dual Occupancy' 'conciliation Conference' 'development Consent' 'building Code Compliance']
['planning and Environment'] ['development Application' 'dual Occupancy' 'conciliation Conference' 'development Consent' 'building Code Compliance']

Case Brief

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Procedural Posture

Appeal / Conciliation Conference and Decision

Legal Issues

  1. 1 ['Whether development consent should be granted for conversion to attached dual occupancy' 'Compliance with Building Code of Australia' 'Provision of private open space, separate access, and privacy for dual occupancy dwellings' 'Compliance with Kiama Development Control Plan 2012 and Kiama Local Environmental Plan 2011']

Ratio Decidendi

The proceedings were disposed of under s 34(3) of the Land and Environment Court Act 1979 following an agreement between the parties. The Court was satisfied all preconditions to the granting of consent were met, including planning, privacy, access, fire safety, acoustic treatment, and sustainability requirements. Orders were made granting development consent for the conversion to attached dual occupancy.

Court Disposition

Appeal upheld; development consent granted

Orders

  • ['Applicant granted leave to rely upon amended architectural drawings prepared by AjF Designs, sheets 1 of 13 – 13 of 13 dated 21 February 2019.' 'Appeal is upheld.' 'Development consent granted to Development Application DA No. 10.2017.195.1 of 10 July, 2017, as amended, for conversion of lower ground floor and...