O’Neill v Shoalhaven City Council [2023] NSWLEC 1415

O’Neill v Shoalhaven City Council [2023] NSWLEC 1415

The amended application satisfies all relevant statutory and planning requirements; all contest issues and objections have been resolved; therefore, the appeal is upheld and development consent is to be granted subject to conditions.

Jurisdiction
Australia
Judgment Date
01 August 2023
Procedural Posture
Appeal Against Deemed Refusal of Development Application / Determination After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'appeal' 'conciliation Conference' 'development Consent']
['planning and Environment Law'] ['development Application' 'appeal' 'conciliation Conference' 'development Consent']

Case Brief

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Procedural Posture

Appeal Against Deemed Refusal of Development Application / Determination After Conciliation Conference

Legal Issues

  1. 1 ['Whether the amended Development Application DA22/2197 complies with applicable planning instruments and policies' 'Whether the issues raised by the Council and resident objections have been addressed for grant of consent']

Ratio Decidendi

The amended application satisfies all relevant statutory and planning requirements; all contest issues and objections have been resolved; therefore, the appeal is upheld and development consent is to be granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application DA22/2197, as amended, is determined by grant of consent and subject to the conditions set out in Annexure A.']