Mascaro v Shoalhaven City Council [2021] NSWLEC 1450

Mascaro v Shoalhaven City Council [2021] NSWLEC 1450

The Court, satisfied all statutory preconditions and planning controls were met and that the amendments addressed prior concerns, upheld the appeal and granted consent to the amended development application subject to agreed conditions.

Jurisdiction
Australia
Judgment Date
06 August 2021
Procedural Posture
Appeal (class 1) / Final Orders After Conciliation Conference and Agreement Between Parties
Outcome
Appeal upheld; development consent granted subject to conditions; costs order in favour of the respondent.
Legal Topics
['development Application' 'shop Top Housing' 'environmental Planning Instruments' 'jurisdictional Prerequisites' 'conciliation Conference' 'appeal']
['planning and Environment'] ['development Application' 'shop Top Housing' 'environmental Planning Instruments' 'jurisdictional Prerequisites' 'conciliation Conference' 'appeal']

Case Brief

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Procedural Posture

Appeal (class 1) / Final Orders After Conciliation Conference and Agreement Between Parties

Legal Issues

  1. 1 ['Whether consent should be granted to the amended development application' 'Whether jurisdictional prerequisites under relevant planning legislation are satisfied' 'Whether the amended proposal addresses prior contentions, complies with planning controls and is in the public interest']

Ratio Decidendi

The Court, satisfied all statutory preconditions and planning controls were met and that the amendments addressed prior concerns, upheld the appeal and granted consent to the amended development application subject to agreed conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs order in favour of the respondent.

Orders

  • ["The Applicant is granted leave to amend development application DA20/1579 and rely upon the plans and documents listed at Annexure 'A'." "The Applicant is to pay the Respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed." 'The appeal...