MHN Design Union Pty Ltd v Waverley Council [2020] NSWLEC 1545

MHN Design Union Pty Ltd v Waverley Council [2020] NSWLEC 1545

As the parties' agreement satisfied all the pre-jurisdictional and relevant statutory requirements under the planning instruments, and the decision is within the Court's power, consent was granted in accordance with the agreement pursuant to s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: MHN Design Union Pty Ltd; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
09 November 2020
Procedural Posture
Class 1 Appeal / Post Conciliation, Final Orders
Outcome
Appeal upheld. Development consent granted subject to conditions. Applicant to pay costs thrown away as a result of amendments.
Legal Topics
Development Application, Residential Apartment Development, Conciliation Conference, State Environmental Planning Policy No 65, Consent Orders
Planning and Environment Law Development Application Residential Apartment Development Conciliation Conference State Environmental Planning Policy No 65 Consent Orders

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Parties

MHN Design Union Pty Ltd

Applicant

Waverley Council

Respondent

Procedural Posture

Class 1 Appeal / Post Conciliation, Final Orders

Legal Issues

  1. 1 Whether development consent should be granted for demolition and construction of a residential flat building under relevant planning instruments
  2. 2 Satisfaction of statutory requirements under Environmental Planning and Assessment Act 1979 and related policies

Ratio Decidendi

As the parties' agreement satisfied all the pre-jurisdictional and relevant statutory requirements under the planning instruments, and the decision is within the Court's power, consent was granted in accordance with the agreement pursuant to s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld. Development consent granted subject to conditions. Applicant to pay costs thrown away as a result of amendments.

Orders

  • Leave granted to rely on amended plans and documents
  • Applicant to pay Respondent $13,000 for costs thrown away as a result of amendments within 28 days