Olsson & Associates Architects Pty Ltd v City of Botany Bay [2016] NSWLEC 1254

Olsson & Associates Architects Pty Ltd v City of Botany Bay [2016] NSWLEC 1254

Having reached agreement under s 34(3) Land and Environment Court Act 1979 and the Commissioner being satisfied the Court could have made the decision, the proceedings are disposed of in accordance with the parties' terms without merit assessment.

Parties
Applicant: Olsson & Associates Architects Pty Ltd; Respondent: City of Botany Bay
Jurisdiction
Australia
Judgment Date
17 June 2016
Procedural Posture
Development Application Appeal / Conciliation Conference; Final Orders
Outcome
Appeal upheld; development application approved subject to conditions; leave granted to amend DA; costs ordered against applicant
Legal Topics
Development Application, Residential Flat Buildings, Commercial Units, Parking, Acoustic Privacy, Building Design, Depth/separation, Privacy, Ventilation, Solar Access, Site Isolation, Car Parking, Waste Management, Conciliation Conference, Agreement Between the Parties
Environmental Law Planning Law Development Application Residential Flat Buildings Commercial Units Parking Acoustic Privacy Building Design +9 more

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Parties

Olsson & Associates Architects Pty Ltd

Applicant

City of Botany Bay

Respondent

Procedural Posture

Development Application Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 Whether to approve amended Development Application DA 271/2013 for demolition, excavation, remediation, and construction of residential and commercial buildings at specified sites

Ratio Decidendi

Having reached agreement under s 34(3) Land and Environment Court Act 1979 and the Commissioner being satisfied the Court could have made the decision, the proceedings are disposed of in accordance with the parties' terms without merit assessment.

Court Disposition

Appeal upheld; development application approved subject to conditions; leave granted to amend DA; costs ordered against applicant

Orders

  • Applicant granted leave to amend the development application by substituting specified plans
  • Applicant to pay Respondent's thrown away costs resulting from amendment of DA pursuant to section 97B(2) Environmental Planning and Assessment Act 1979 in the amount of $45,000 within 28 days