Nicholas v Cumberland Council [2018] NSWLEC 1653

Nicholas v Cumberland Council [2018] NSWLEC 1653

Because the amended design reduced the number of boarding rooms, reduced the frontage parking impact, provided 5 car parking spaces and 3 motorbike spaces, and was compatible with the character of the local area, the jurisdictional prerequisites for granting consent were satisfied. The parties' agreed decision was therefore one the Court could have made in the proper exercise of its functions, requiring disposal of the proceedings in accordance with s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
17 December 2018
Procedural Posture
Class 1 Development Appeal / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'boarding House' 'development Consent' 'conciliation Conference' 'character of Local Area' 'affordable Rental Housing']
['environmental Planning and Assessment' 'land and Environment'] ['development Application' 'boarding House' 'development Consent' 'conciliation Conference' 'character of Local Area' 'affordable Rental Housing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Appeal / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the amended boarding house development was compatible with the character of the local area as required by cl 30A of State Environmental Planning Policy (Affordable Rental Housing) 2009.' 'Whether development consent should be granted to Development Application No. 2018/111/1 subject to conditions.']

Ratio Decidendi

Because the amended design reduced the number of boarding rooms, reduced the frontage parking impact, provided 5 car parking spaces and 3 motorbike spaces, and was compatible with the character of the local area, the jurisdictional prerequisites for granting consent were satisfied. The parties' agreed decision was therefore one the Court could have made in the proper exercise of its functions, requiring disposal of the proceedings in accordance with s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on the architectural plans prepared by Design Cubicle, Job Number 170882, Drawing Nos DA100, DA201, DA202, DA203, DA300, DA301, DA400 and DA604, Issue B, dated 16 August 2018, and the landscape plan prepared by Vision Dynamics, Drawing No 18050 DA1, Revision B, dated 23...