Manylike Pty Ltd v Central Coast Council [2019] NSWLEC 1233

Manylike Pty Ltd v Central Coast Council [2019] NSWLEC 1233

As the parties reached an agreement that the court was empowered to make, including amendments to plans, a valid Certificate of Site Compatibility was in place, and suitable conditions (including deferred commencement about sewer mains and remediation requirements) were imposed, the court was required to grant development consent pursuant to s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
31 May 2019
Procedural Posture
Appeal (class 1) / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions and costs order made.
Legal Topics
['development Applications' 'seniors Housing' 'land Zoning' 'merit Appeal' 'conciliation Conference']
['planning Law' 'environmental Law'] ['development Applications' 'seniors Housing' 'land Zoning' 'merit Appeal' 'conciliation Conference']

Case Brief

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Procedural Posture

Appeal (class 1) / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent should be granted for the proposed construction of 30 attached two-storey dwellings under State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 at the subject site' 'Whether the amended plans and supporting material can be relied upon' 'Whether a valid Certificate of Site Compatibility supports the development' 'Whether deferred commencement conditions regarding sewer mains provision are appropriate']

Ratio Decidendi

As the parties reached an agreement that the court was empowered to make, including amendments to plans, a valid Certificate of Site Compatibility was in place, and suitable conditions (including deferred commencement about sewer mains and remediation requirements) were imposed, the court was required to grant development consent pursuant to s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions and costs order made.

Orders

  • ['Leave granted for applicant to rely on amended plans and materials listed in Annexure A.' "Applicant to pay respondent's costs thrown away due to amendments as agreed or assessed under s 8.15(3) Environmental Planning and Assessment Act 1979." 'Appeal upheld.' 'Development consent granted for DA1205/2018 at 66...