Eleftheriades v Randwick City Council [2018] NSWLEC 1665

Eleftheriades v Randwick City Council [2018] NSWLEC 1665

The appeal is upheld and development consent granted subject to conditions, as the parties reached an agreement at conciliation, and there were no jurisdictional barriers to the Court making such an order.

Parties
Applicant: Maria Eleftheriades; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
20 December 2018
Procedural Posture
Appeal / Conciliation Conference Agreement; Judgment
Outcome
Appeal upheld; development application approved with conditions
Legal Topics
Development Application, Conciliation Conference, Appeal of Refusal, Consent Orders
Planning and Environment Development Application Conciliation Conference Appeal of Refusal Consent Orders

Case Brief

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Parties

Maria Eleftheriades

Applicant

Randwick City Council

Respondent

Procedural Posture

Appeal / Conciliation Conference Agreement; Judgment

Legal Issues

  1. 1 Whether the Court should uphold the appeal and grant development consent to the application refused by the Council

Ratio Decidendi

The appeal is upheld and development consent granted subject to conditions, as the parties reached an agreement at conciliation, and there were no jurisdictional barriers to the Court making such an order.

Court Disposition

Appeal upheld; development application approved with conditions

Orders

  • The applicant is granted leave to rely upon the plans referred to in condition 1 of annexure 'A'.
  • The appeal is upheld.