QMS Media Ltd v Georges River Council [2021] NSWLEC 1691

QMS Media Ltd v Georges River Council [2021] NSWLEC 1691

The Court was satisfied that the parties' agreement meets all mandatory statutory and planning requirements for development consent, that all procedural and jurisdictional prerequisites were met, and that the decision to grant consent, subject to the agreed conditions, is within the Court's power under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: QMS Media Ltd; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
12 November 2021
Procedural Posture
Appeal (development Application) / Final Orders Following Conciliation Conference
Outcome
The appeal is upheld and development consent is granted subject to conditions; costs thrown away are to be paid by the applicant to the respondent in the agreed amount of $1.00.
Legal Topics
Development Consent, Advertising Signage, Appeal Process, Conciliation Conference
Planning Law Environmental Law Development Consent Advertising Signage Appeal Process Conciliation Conference

Case Brief

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Parties

QMS Media Ltd

Applicant

Georges River Council

Respondent

Procedural Posture

Appeal (development Application) / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for a freestanding illuminated digital display advertising sign at the subject site
  2. 2 Whether the amended development application satisfies the requirements of relevant planning instruments and policies
  3. 3 Whether agreed conditions of consent meet statutory prerequisites

Ratio Decidendi

The Court was satisfied that the parties' agreement meets all mandatory statutory and planning requirements for development consent, that all procedural and jurisdictional prerequisites were met, and that the decision to grant consent, subject to the agreed conditions, is within the Court's power under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

The appeal is upheld and development consent is granted subject to conditions; costs thrown away are to be paid by the applicant to the respondent in the agreed amount of $1.00.

Orders

  • The applicant is to pay the respondent's costs thrown away in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed amount of $1.00 within 28 days.
  • The appeal is upheld.