Cavolic v Randwick City Council [2022] NSWLEC 1403

Cavolic v Randwick City Council [2022] NSWLEC 1403

The appeal is upheld and the amended development application approved because the parties reached an agreement at conciliation, and the Court is satisfied the proposed development complies with planning controls and statutory requirements, and objections have been appropriately considered.

Jurisdiction
Australia
Judgment Date
02 August 2022
Procedural Posture
Class 1 Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld
Legal Topics
['development Application' 'amended Plans' 'consent Orders' 'conciliation Conference']
['planning and Environment Law'] ['development Application' 'amended Plans' 'consent Orders' 'conciliation Conference']

Case Brief

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Procedural Posture

Class 1 Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the amended development application should be approved for demolition of existing improvements and construction of a two storey dwelling with basement parking and pool']

Ratio Decidendi

The appeal is upheld and the amended development application approved because the parties reached an agreement at conciliation, and the Court is satisfied the proposed development complies with planning controls and statutory requirements, and objections have been appropriately considered.

Court Disposition

Appeal upheld

Orders

  • ['The appeal is upheld.' 'Development application No 420/2021 (as amended) is approved, giving consent to demolition of existing improvements and erection of a new 2 storey single dwelling house with basement parking and inground pool at Lot 21 DP 543292 (96 Prince Edward Street, Malabar), subject to conditions set...