Rusty Man Pty Ltd v Eurobodalla Shire Council [2024] NSWLEC 1110

Rusty Man Pty Ltd v Eurobodalla Shire Council [2024] NSWLEC 1110

The Court, being satisfied that the jurisdictional prerequisites for grant of consent were met—specifically, that the written request for variation of the height standard is adequate, that the planning and environmental impacts are acceptable, that heritage and statutory requirements are addressed, and that the consent can be conditioned appropriately—ordered that consent be granted to the amended development application and that the applicant pay the respondent's thrown away costs.

Jurisdiction
Australia
Judgment Date
14 March 2024
Procedural Posture
Class 1 Appeal / Orders After Conciliation Conference Following Deemed Refusal, Decision on Amended Development Application
Outcome
Appeal upheld, development consent granted subject to conditions, costs thrown away ordered against applicant.
Legal Topics
['development Application' 'land Use Consent' 'environmental Planning Instruments' 'heritage' 'building Height Standard' 'mixed Use Development' 'costs']
['planning and Environment Law' 'administrative Law'] ['development Application' 'land Use Consent' 'environmental Planning Instruments' 'heritage' 'building Height Standard' 'mixed Use Development' 'costs']

Case Brief

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Procedural Posture

Class 1 Appeal / Orders After Conciliation Conference Following Deemed Refusal, Decision on Amended Development Application

Legal Issues

  1. 1 ['Whether development consent should be granted for demolition of a local heritage item and construction of a mixed use development exceeding height limits' 'Whether written request for variation of building height standard under cl 4.6 of the Eurobodalla Local Environmental Plan 2012 is adequate' 'Whether development complies with relevant State and local environmental planning policies' 'Whether jurisdictional prerequisites for consent are satisfied' 'Entitlement to costs thrown away']

Ratio Decidendi

The Court, being satisfied that the jurisdictional prerequisites for grant of consent were met—specifically, that the written request for variation of the height standard is adequate, that the planning and environmental impacts are acceptable, that heritage and statutory requirements are addressed, and that the consent can be conditioned appropriately—ordered that consent be granted to the amended development application and that the applicant pay the respondent's thrown away costs.

Court Disposition

Appeal upheld, development consent granted subject to conditions, costs thrown away ordered against applicant.

Orders

  • ["Applicant to pay Respondent's costs thrown away due to amendment of application in the amount of $8,000 within 30 days." 'Appeal is upheld.' 'Development Application No DA0604/23 is determined by the grant of consent for the demolition of existing local heritage item and construction of mixed use development,...