Rashbehaeri & Co Pty Ltd v Cumberland Council [2024] NSWLEC 1800

Rashbehaeri & Co Pty Ltd v Cumberland Council [2024] NSWLEC 1800

The appeal succeeds and development consent is granted subject to conditions, as the Court is satisfied the agreement reached between the parties for the amended plans and height variation meets the relevant statutory requirements and is within the Court’s power to make under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Rashbehaeri & Co Pty Ltd; Respondent: Cumberland Council
Jurisdiction
Australia
Judgment Date
12 December 2024
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted; costs ordered
Legal Topics
Development Application, Shop Top Housing, Amended Plans, Consent Authority, Height Variation, Flood Planning, Stormwater Management, Urban Heat, Conciliation Conference, Environmental Impacts
Planning and Environment Development Application Shop Top Housing Amended Plans Consent Authority Height Variation Flood Planning Stormwater Management +3 more

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Parties

Rashbehaeri & Co Pty Ltd

Applicant

Cumberland Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for demolition and shop top housing development
  2. 2 Whether the development complies with relevant planning instruments and provisions
  3. 3 Whether variation of height control is justified

Ratio Decidendi

The appeal succeeds and development consent is granted subject to conditions, as the Court is satisfied the agreement reached between the parties for the amended plans and height variation meets the relevant statutory requirements and is within the Court’s power to make under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted; costs ordered

Orders

  • Applicant to pay Respondent's costs thrown away by reason of amendment of Development Application DA2022/0786, agreed in the sum of $3,000, within 28 days of orders.
  • Appeal is upheld.