MYGA Investments Pty Ltd v Waverley Council (No 2) [2022] NSWLEC 1066

MYGA Investments Pty Ltd v Waverley Council (No 2) [2022] NSWLEC 1066

The amendments to the application addressed the Council’s concerns; the impacts of the development are acceptable; the site is suitable for the development; the proposal is in the public interest. The parties’ agreed decision is one that the Court could properly have made under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: MYGA Investments Pty Ltd; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
10 February 2022
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld. Development consent granted, subject to conditions.
Legal Topics
Development Application, Multi Dwelling Housing, Strata Subdivision
Environmental Law Planning Law Development Application Multi Dwelling Housing Strata Subdivision

Case Brief

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Parties

MYGA Investments Pty Ltd

Applicant

Waverley Council

Respondent

Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the proposed development is suitable for the site
  2. 2 Whether the likely impacts (environmental, social, economic) are acceptable
  3. 3 Whether the amended application addresses Council's concerns

Ratio Decidendi

The amendments to the application addressed the Council’s concerns; the impacts of the development are acceptable; the site is suitable for the development; the proposal is in the public interest. The parties’ agreed decision is one that the Court could properly have made under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld. Development consent granted, subject to conditions.

Orders

  • The appeal is upheld.
  • Development consent be granted to DA-7/2021 in respect of the property at 2 Princess St, Rose Bay, comprising of Lot 7 of Section B in Deposit Plan 4185, for the demolition of an existing single storey building and the erection of three townhouses comprising a multi-dwelling housing development and associated strata...