Raland Construction Pty Ltd v Wollongong City Council [2022] NSWLEC 1741

Raland Construction Pty Ltd v Wollongong City Council [2022] NSWLEC 1741

The Court was satisfied, upon the agreement of the parties and supporting documentation, that the preconditions for granting development consent were met and that the consent could lawfully be granted, leading to the upholding of the appeal and granting of development consent subject to specified conditions.

Jurisdiction
Australia
Judgment Date
29 December 2022
Procedural Posture
Appeal / Final Orders After Conciliation
Outcome
Appeal upheld; consent granted; costs order for Council
Legal Topics
['development Application' 'centre Based Child Care Facility' 'conciliation Conference' 'development Consent']
['planning and Environment'] ['development Application' 'centre Based Child Care Facility' 'conciliation Conference' 'development Consent']

Case Brief

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Procedural Posture

Appeal / Final Orders After Conciliation

Legal Issues

  1. 1 ['Whether development consent should be granted for the proposed child care facility under the amended application' 'Whether the statutory preconditions for consent are satisfied']

Ratio Decidendi

The Court was satisfied, upon the agreement of the parties and supporting documentation, that the preconditions for granting development consent were met and that the consent could lawfully be granted, leading to the upholding of the appeal and granting of development consent subject to specified conditions.

Court Disposition

Appeal upheld; consent granted; costs order for Council

Orders

  • ["The Applicant is to pay the Council's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $1,460, payable within 28 days." 'The Appeal is upheld.' 'Development consent is granted to Development Application No. DA-2022/777, as amended, for the demolition...