RPG Botany Pty Ltd v Bayside Council [2019] NSWLEC 1361

RPG Botany Pty Ltd v Bayside Council [2019] NSWLEC 1361

The Court upheld the appeal and granted development consent as the parties' agreement was one that the Court could lawfully make, and the statutory requirements had been met.

Parties
Applicant: RPG Botany Pty Ltd; Respondent: Bayside Council
Jurisdiction
Australia
Judgment Date
02 August 2019
Procedural Posture
Development Application Appeal / Post Conciliation Conference, Final Judgment With Amendment
Outcome
Appeal upheld; development consent granted; costs ordered to respondent; accidental slip corrected from 61 to 57 lots.
Legal Topics
Development Applications, Conciliation Conference, Land Use Zoning, Consent Conditions, Accidental Slip Rule
Environmental Law Planning Law Development Applications Conciliation Conference Land Use Zoning Consent Conditions Accidental Slip Rule

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Parties

RPG Botany Pty Ltd

Applicant

Bayside Council

Respondent

Procedural Posture

Development Application Appeal / Post Conciliation Conference, Final Judgment With Amendment

Legal Issues

  1. 1 Whether the Court should grant development consent following agreement at a conciliation conference under s 34 of the Land and Environment Court Act 1979
  2. 2 Whether the proposed development is permissible and consistent with zoning and other statutory requirements
  3. 3 Whether the number of lots referenced in the judgment required correction as an accidental slip

Ratio Decidendi

The Court upheld the appeal and granted development consent as the parties' agreement was one that the Court could lawfully make, and the statutory requirements had been met.

Court Disposition

Appeal upheld; development consent granted; costs ordered to respondent; accidental slip corrected from 61 to 57 lots.

Orders

  • Leave granted to rely on amended plans annexed as 'B' to the judgment.
  • Applicant to pay respondent's costs thrown away under s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $5,000 within 14 days.