Mackenzie Architects International Pty Ltd v Willoughby City Council [2023] NSWLEC 1712

Mackenzie Architects International Pty Ltd v Willoughby City Council [2023] NSWLEC 1712

The amended Development Application DA2021/190 complies with all relevant planning controls, statutory requirements, and there are no jurisdictional impediments; therefore, consent is granted subject to conditions.

Jurisdiction
Australia
Judgment Date
28 November 2023
Procedural Posture
Appeal / Final Judgment After Conciliation Conference
Outcome
Appeal upheld. Development Application granted subject to conditions. Costs thrown away ordered against Applicant.
Legal Topics
['development Application' 'multi Dwelling Housing' 'consent Conditions' 'costs Thrown Away']
['planning Law' 'environmental Law'] ['development Application' 'multi Dwelling Housing' 'consent Conditions' 'costs Thrown Away']

Case Brief

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Procedural Posture

Appeal / Final Judgment After Conciliation Conference

Legal Issues

  1. 1 ['Whether the amended Development Application DA2021/190 should be granted consent' 'Compliance of the amended DA with planning controls and statutory requirements' 'Jurisdictional prerequisites for approval of multi-dwelling housing']

Ratio Decidendi

The amended Development Application DA2021/190 complies with all relevant planning controls, statutory requirements, and there are no jurisdictional impediments; therefore, consent is granted subject to conditions.

Court Disposition

Appeal upheld. Development Application granted subject to conditions. Costs thrown away ordered against Applicant.

Orders

  • ['The appeal is upheld.' 'Development Application DA2021/190 is determined by the grant of consent, subject to conditions in Annexure A.' "The Applicant must pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed."]