Smithers v Kiama Municipal Council (No 2) [2021] NSWLEC 1385

Smithers v Kiama Municipal Council (No 2) [2021] NSWLEC 1385

The Court upheld the appeal and granted development consent because the amended application and conditions of consent complied with the Court’s prior reasons and were substantially the same as the notified development, meeting statutory requirements.

Jurisdiction
Australia
Judgment Date
05 July 2021
Procedural Posture
Class 1 Appeal / Orders Following Judgment and Amendment of Development Application
Outcome
Appeal upheld; development consent granted
Legal Topics
['development Application' 'torrens Title Subdivision' 'view Loss']
['planning and Environment Law'] ['development Application' 'torrens Title Subdivision' 'view Loss']

Case Brief

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Procedural Posture

Class 1 Appeal / Orders Following Judgment and Amendment of Development Application

Legal Issues

  1. 1 ['Whether the amended development application is substantially the same as the notified development application' 'Whether development consent should be granted for the demolition of the existing dwelling and construction of three dwellings and Torrens Title subdivision']

Ratio Decidendi

The Court upheld the appeal and granted development consent because the amended application and conditions of consent complied with the Court’s prior reasons and were substantially the same as the notified development, meeting statutory requirements.

Court Disposition

Appeal upheld; development consent granted

Orders

  • ['The appeal is upheld.' 'Development consent is granted to development application 10.2018.196.1 for the demolition of the existing dwelling and construction of three dwellings and three lot Torrens Title subdivision at 5 Pacific Street, Kiama, Lot 21 DP 1218589, subject to conditions set out in Annexure A.' 'The...