Saturn Eight Pty Ltd v Waverley Council [2019] NSWLEC 1341

Saturn Eight Pty Ltd v Waverley Council [2019] NSWLEC 1341

The Court was satisfied that the amended development application addressed the relevant planning controls and resolved Council's contentions, and could therefore be approved subject to the agreed conditions.

Jurisdiction
Australia
Judgment Date
23 July 2019
Procedural Posture
Development Application Class 1 Appeal / Orders Following Conciliation Agreement
Outcome
Appeal upheld; Application approved with conditions; Leave granted to amend development application; Applicant to pay thrown away costs to the Respondent.
Legal Topics
['development Application' 'conciliation Conference' 'consent Orders' 'land Use' 'building Regulations']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'consent Orders' 'land Use' 'building Regulations']

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Procedural Posture

Development Application Class 1 Appeal / Orders Following Conciliation Agreement

Legal Issues

  1. 1 ['Whether consent should be granted for the demolition of two dwellings and construction of 8 townhouses with basement parking' "Whether the amended application overcomes Council's contentions on planning controls and impacts"]

Ratio Decidendi

The Court was satisfied that the amended development application addressed the relevant planning controls and resolved Council's contentions, and could therefore be approved subject to the agreed conditions.

Court Disposition

Appeal upheld; Application approved with conditions; Leave granted to amend development application; Applicant to pay thrown away costs to the Respondent.

Orders

  • ["Leave granted to Applicant to amend Development Application No. DA/308/2018 and rely on amended plans in Condition 1 of Annexure 'A'." "Applicant to pay Respondent's thrown away costs due to amendment of $13,000.00 within 28 days." 'Appeal is upheld.' "Development Application DA/308/2018 for demolition of 2...