Richard Van Dorp Architects Pty Limited v Clarence Valley Council [2020] NSWLEC 1202

Richard Van Dorp Architects Pty Limited v Clarence Valley Council [2020] NSWLEC 1202

Agreement between the parties was reached at conciliation conference, and all jurisdictional preconditions for grant of consent were met. The Court, being satisfied the decision is lawful, grants leave to amend the application and approves the development subject to conditions.

Jurisdiction
Australia
Judgment Date
01 May 2020
Procedural Posture
Development Appeal / Conciliation Conference Agreement Final Orders
Outcome
Appeal upheld; development application amended and approved subject to conditions; costs ordered
Legal Topics
['development Application' 'multi Dwelling Housing' 'heritage Protection' 'consent Orders' 'amendment of Application' 'conciliation Conference']
['planning and Environment Law'] ['development Application' 'multi Dwelling Housing' 'heritage Protection' 'consent Orders' 'amendment of Application' 'conciliation Conference']

Case Brief

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Procedural Posture

Development Appeal / Conciliation Conference Agreement Final Orders

Legal Issues

  1. 1 ['Whether leave should be granted to amend development application' 'Whether development consent should be granted to the amended application']

Ratio Decidendi

Agreement between the parties was reached at conciliation conference, and all jurisdictional preconditions for grant of consent were met. The Court, being satisfied the decision is lawful, grants leave to amend the application and approves the development subject to conditions.

Court Disposition

Appeal upheld; development application amended and approved subject to conditions; costs ordered

Orders

  • ['Applicant granted leave to amend Development Application No. 2017/0501 and rely on specified amended plans' "Applicant to pay Respondent's costs thrown away by amendments in the agreed amount of $10,000.00 within 21 days" 'Appeal upheld' 'Development Application No. 2017/0501 for renovations to a heritage listed...