Revolution Surveys Pty Ltd v Fairfield City Council [2022] NSWLEC 1589

Revolution Surveys Pty Ltd v Fairfield City Council [2022] NSWLEC 1589

All jurisdictional preconditions under the relevant planning instruments are met, the site zoning and development standards are complied with, and the amended application is suitable for approval with conditions—therefore appeal is upheld and development consent granted.

Parties
Applicant: Revolution Surveys Pty Ltd; Respondent: Fairfield City Council
Jurisdiction
Australia
Judgment Date
28 October 2022
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld, development consent granted subject to conditions, applicant to pay respondent's thrown away costs.
Legal Topics
Development Consent, Subdivision, Dwelling Construction
Planning and Environment Development Consent Subdivision Dwelling Construction

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 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Revolution Surveys Pty Ltd

Applicant

Fairfield City Council

Respondent

Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether amended development application should be granted consent
  2. 2 Jurisdictional preconditions under planning law

Ratio Decidendi

All jurisdictional preconditions under the relevant planning instruments are met, the site zoning and development standards are complied with, and the amended application is suitable for approval with conditions—therefore appeal is upheld and development consent granted.

Court Disposition

Appeal upheld, development consent granted subject to conditions, applicant to pay respondent's thrown away costs.

Orders

  • The Applicant is to pay the Respondent's costs thrown away as a result of the further amendment to the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. The quantum of the thrown away costs are to be agreed within 28 days or if the parties cannot agree within...
  • The Appeal is upheld.