Smoljo v Georges River Council (No 2) [2022] NSWLEC 1635

Smoljo v Georges River Council (No 2) [2022] NSWLEC 1635

Because the parties filed the executed Deed and s34 agreement, and the Court was satisfied that the agreement could be legally made and that all necessary jurisdictional tests had been met, final orders upholding the appeal and granting development consent were made.

Jurisdiction
Australia
Judgment Date
15 November 2022
Procedural Posture
Class 1 Appeal Concerning Development Application No. DA 2021/0437 / Final Orders Following S34 Agreement After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions in Annexure 'A'.
Legal Topics
['conciliation Conference' 'section 34 Agreement' 'development Consent' 'dwelling House']
['planning and Environment Law'] ['conciliation Conference' 'section 34 Agreement' 'development Consent' 'dwelling House']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning Development Application No. DA 2021/0437 / Final Orders Following S34 Agreement After Conciliation Conference

Legal Issues

  1. 1 ['Whether final orders could be made in accordance with the s34 agreement filed with the Court.' 'Whether the agreement was one that could be legally made and all necessary jurisdictional tests had been met.']

Ratio Decidendi

Because the parties filed the executed Deed and s34 agreement, and the Court was satisfied that the agreement could be legally made and that all necessary jurisdictional tests had been met, final orders upholding the appeal and granting development consent were made.

Court Disposition

Appeal upheld; development consent granted subject to conditions in Annexure 'A'.

Orders

  • ['The appeal is upheld.' "Development consent is granted to Development Application No. DA 2021/0437 for the demolition of an existing dwelling and the construction of a new two storey dwelling house, landscaping and earthworks on land known as 46A Llewellyn Street, Oatley subject to the conditions set out in...