Riverwood Development Company Pty Limited v Georges River Council [2019] NSWLEC 1193

Riverwood Development Company Pty Limited v Georges River Council [2019] NSWLEC 1193

The jurisdictional prerequisites for granting consent under s 4.16 of the Environmental Planning and Assessment Act 1979 have been satisfied, the development application and associated variations comply with relevant statutory and local planning controls, and the parties' agreement is a decision the Court could properly have made; thus, the appeal is upheld and consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
30 April 2019
Procedural Posture
Appeal / Determination Following Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions and cost order
Legal Topics
['development Application' 'land Use' 'zoning' 'height of Buildings' 'design Quality' 'acoustic Impacts' 'remediation of Land' 'building Sustainability']
['planning and Environment Law'] ['development Application' 'land Use' 'zoning' 'height of Buildings' 'design Quality' 'acoustic Impacts' 'remediation of Land' 'building Sustainability']

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Procedural Posture

Appeal / Determination Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the amended development application is permissible within the zoning and development controls of the Hurstville Local Environmental Plan 2012' 'Whether consent should be granted subject to conditions and variation of height controls' 'Whether jurisdictional prerequisites under relevant statutes and policies are satisfied']

Ratio Decidendi

The jurisdictional prerequisites for granting consent under s 4.16 of the Environmental Planning and Assessment Act 1979 have been satisfied, the development application and associated variations comply with relevant statutory and local planning controls, and the parties' agreement is a decision the Court could properly have made; thus, the appeal is upheld and consent granted subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions and cost order

Orders

  • ['The Applicant is granted leave to amend the development application to rely upon specified plans and amended clause 4.6 exception.' "The Applicant is to pay the Respondent's costs in the amount of $20,000 (GST inclusive) within 14 days." "The Applicant's written request to vary the Height of Buildings development...