Gordon v Mosman Council [2020] NSWLEC 1535

Gordon v Mosman Council [2020] NSWLEC 1535

The parties reached agreement at conciliation conference as to outcome which satisfied all jurisdictional prerequisites, and the Court, being satisfied this was a decision it could properly make, granted leave to amend the application, upheld the appeal and granted development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
04 November 2020
Procedural Posture
Residential Development Appeal / Conciliation Conference Followed by Judgment
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Appeal' 'conciliation Conference' 'jurisdictional Prerequisites' 'development Consent']
['planning and Environment Law'] ['development Appeal' 'conciliation Conference' 'jurisdictional Prerequisites' 'development Consent']

Case Brief

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Procedural Posture

Residential Development Appeal / Conciliation Conference Followed by Judgment

Legal Issues

  1. 1 ['Whether development application for alterations and additions to an existing rear deck and construction of a swimming pool should be approved' 'Whether jurisdictional prerequisites for granting consent are satisfied' 'Compliance with relevant environmental planning instruments']

Ratio Decidendi

The parties reached agreement at conciliation conference as to outcome which satisfied all jurisdictional prerequisites, and the Court, being satisfied this was a decision it could properly make, granted leave to amend the application, upheld the appeal and granted development consent subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['Applicant is granted leave to amend the development application to rely upon amended plans.' 'Appeal is upheld.' 'Development application No. DA8.2019.113.1 is approved subject to conditions in Annexure A.']