Brojas Pty Ltd v Shoalhaven City Council [2024] NSWLEC 1162

Brojas Pty Ltd v Shoalhaven City Council [2024] NSWLEC 1162

As agreement was reached between the parties at a s 34 conciliation conference, and all statutory requirements and planning controls were satisfied for the proposed development, the appeal was upheld and consent granted in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
09 April 2024
Procedural Posture
Appeal (class 1) / Consent Orders After Conciliation Conference
Outcome
Appeal upheld, development consent granted with conditions, costs order for respondent's thrown away costs
Legal Topics
['development Application Appeal' 'land Use Consent' 'conciliation Agreement' 'local Environmental Plan' 'state Environmental Planning Policy']
['planning and Environment Law'] ['development Application Appeal' 'land Use Consent' 'conciliation Agreement' 'local Environmental Plan' 'state Environmental Planning Policy']

Case Brief

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Procedural Posture

Appeal (class 1) / Consent Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent should be granted for demolition, tree removal, and construction of multi-dwelling housing at 22-24 Osborne Street, Nowra' 'Whether statutory prerequisites and planning controls are satisfied for the proposed development']

Ratio Decidendi

As agreement was reached between the parties at a s 34 conciliation conference, and all statutory requirements and planning controls were satisfied for the proposed development, the appeal was upheld and consent granted in accordance with the agreement.

Court Disposition

Appeal upheld, development consent granted with conditions, costs order for respondent's thrown away costs

Orders

  • ['The appeal is upheld.' 'Development application No DA21/2319 is granted consent, subject to conditions in Annexure A.' "Applicant to pay respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 of $7,500 including GST within 21 days."]