Murbol Pty Limited v Wollongong City Council [2016] NSWLEC 1416

Murbol Pty Limited v Wollongong City Council [2016] NSWLEC 1416

The Court granted development consent and upheld the appeal in accordance with an agreement reached by the parties under s 34(3) of the Land and Environment Court Act 1979, sustaining the request for exception to the height standard and ordering costs.

Jurisdiction
Australia
Judgment Date
08 September 2016
Procedural Posture
Class 1 / Conciliation Conference and Final Orders
Outcome
Appeal upheld; development consent granted; orders made as per agreement.
Legal Topics
['development Application' 'height Standard Exception' 'conciliation Conference' 'court Orders']
['planning and Environment'] ['development Application' 'height Standard Exception' 'conciliation Conference' 'court Orders']

Case Brief

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Procedural Posture

Class 1 / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether the application for exception to the height standard should be sustained' 'Whether to grant development consent' 'Costs under the Environmental Planning and Assessment Act']

Ratio Decidendi

The Court granted development consent and upheld the appeal in accordance with an agreement reached by the parties under s 34(3) of the Land and Environment Court Act 1979, sustaining the request for exception to the height standard and ordering costs.

Court Disposition

Appeal upheld; development consent granted; orders made as per agreement.

Orders

  • ['Applicant granted leave to amend the Development Application and rely upon plans noted in Schedule 1' 'Clause 4.6 request for exception to height standard under clause 4.3 of Wollongong LEP 2009 is sustained' 'Appeal is upheld' 'Development Consent to Development Application No. 2015/884 is granted subject to...