Capolupo v Central Coast Council [2019] NSWLEC 1231

Capolupo v Central Coast Council [2019] NSWLEC 1231

The appeal is upheld and development consent granted because the preconditions for consent have been satisfied, the parties have agreed to the terms, and the agreement is a decision the Court could properly have made under s 34(3) of the LEC Act.

Parties
Applicant: Lou Capolupo; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
30 May 2019
Procedural Posture
Class 1 Appeal (development Application) / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Conciliation Conference, Development Consent, Essential Services
Planning and Environment Development Application Conciliation Conference Development Consent Essential Services

Case Brief

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Parties

Lou Capolupo

Applicant

Central Coast Council

Respondent

Procedural Posture

Class 1 Appeal (development Application) / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for proposed residential flat building
  2. 2 Whether jurisdictional preconditions in Wyong Local Environment Plan 2013 cl 7.9 are satisfied
  3. 3 Whether parties' agreement can be given effect under s 34(3) Land and Environment Court Act 1979

Ratio Decidendi

The appeal is upheld and development consent granted because the preconditions for consent have been satisfied, the parties have agreed to the terms, and the agreement is a decision the Court could properly have made under s 34(3) of the LEC Act.

Court Disposition

Appeal upheld; development consent granted

Orders

  • Leave is granted to the Applicants to rely on the amended plans referred to in condition 1 of Annexure 'A'.
  • Applicant is to pay the Respondent's costs thrown away as a consequence of the amendment, as agreed or assessed.