Spirecorp Pty Ltd v Randwick City Council [2018] NSWLEC 1082

Spirecorp Pty Ltd v Randwick City Council [2018] NSWLEC 1082

Orders were made in accordance with the agreement between the parties after the court was satisfied under s34(3) Land and Environment Court Act 1979 that the decision was one the Court could have made in the exercise of its functions.

Jurisdiction
Australia
Judgment Date
22 February 2018
Procedural Posture
Development Application Appeal / Conciliation Conference; Final Orders Made
Outcome
Appeal upheld; Modification application approved
Legal Topics
['conciliation Conference' 'modification of Development Consent' 'subdivision Approval']
['environmental Law' 'planning Law'] ['conciliation Conference' 'modification of Development Consent' 'subdivision Approval']

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Procedural Posture

Development Application Appeal / Conciliation Conference; Final Orders Made

Legal Issues

  1. 1 ['Whether the modification application for subdivision should be approved under s34(3) Land and Environment Court Act 1979']

Ratio Decidendi

Orders were made in accordance with the agreement between the parties after the court was satisfied under s34(3) Land and Environment Court Act 1979 that the decision was one the Court could have made in the exercise of its functions.

Court Disposition

Appeal upheld; Modification application approved

Orders

  • ['Leave granted to rely on amended plans at Annexure A and as referred to in condition 1 of Annexure C' 'The appeal is upheld' 'Modification Application No. 561/2016A to modify Development Consent No. 561/2016 for the Torrens Title subdivision of 3 lots at 1897-1901 and 1903R Botany Road, Matraville is determined by...