R and G Creations Pty Ltd v Shoalhaven City Council [2023] NSWLEC 1030

R and G Creations Pty Ltd v Shoalhaven City Council [2023] NSWLEC 1030

The appeal was upheld and development consent granted because the amended application met all jurisdictional and statutory preconditions, was permissible in the relevant zone, complied with key planning controls and policy requirements, and the Court was satisfied that the agreement between parties reflected a lawful and appropriate outcome.

Parties
Applicant: R and G Creations Pty Ltd; Respondent: Shoalhaven City Council
Jurisdiction
Australia
Judgment Date
27 January 2023
Procedural Posture
Appeal / Final Judgment After Conciliation Conference
Outcome
Appeal upheld; development consent granted, subject to conditions.
Legal Topics
Development Application, Appeal, Residential Flat Building, Conciliation Conference, Leave to Amend
Planning and Environment Law Development Application Appeal Residential Flat Building Conciliation Conference Leave to Amend

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

R and G Creations Pty Ltd

Applicant

Shoalhaven City Council

Respondent

Procedural Posture

Appeal / Final Judgment After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for a residential flat building
  2. 2 Whether the amended development application satisfies the relevant statutory criteria and planning instruments
  3. 3 Whether the conditions of consent are lawful and appropriate

Ratio Decidendi

The appeal was upheld and development consent granted because the amended application met all jurisdictional and statutory preconditions, was permissible in the relevant zone, complied with key planning controls and policy requirements, and the Court was satisfied that the agreement between parties reflected a lawful and appropriate outcome.

Court Disposition

Appeal upheld; development consent granted, subject to conditions.

Orders

  • The Applicant is granted leave to amend Development Application Number DA20/1466 to rely on the amended plans and documents identified in Annexure A.
  • The Applicant is to pay the Respondent's costs thrown away as a result of the amendments, as agreed or assessed.