Popovic v Shoalhaven City Council [2018] NSWLEC 1618

Popovic v Shoalhaven City Council [2018] NSWLEC 1618

The appeal is upheld and development consent granted to the amended application because the parties have addressed all statutory requirements, and amenity, privacy, bushfire, and flooding concerns through amended plans and conditions. The parties' agreement is one the Court could make and must be given effect to under s 34(3) LEC Act 1979.

Jurisdiction
Australia
Judgment Date
30 November 2018
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted with conditions
Legal Topics
['development Application' 'conciliation Conference' 'building Compliance' 'bushfire Risk' 'amenity Impacts']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'building Compliance' 'bushfire Risk' 'amenity Impacts']

Case Brief

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Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent should be granted to amended DA 18/1280, including both unauthorised and new building works' 'Whether amended plans and conditions address privacy, bushfire risk, amenity, flooding, and compliance with planning controls']

Ratio Decidendi

The appeal is upheld and development consent granted to the amended application because the parties have addressed all statutory requirements, and amenity, privacy, bushfire, and flooding concerns through amended plans and conditions. The parties' agreement is one the Court could make and must be given effect to under s 34(3) LEC Act 1979.

Court Disposition

Appeal upheld; development consent granted with conditions

Orders

  • ['The Applicant is granted leave to rely on the plans and documents set out under the conditions of consent annexed hereto and marked "A".' 'The appeal is upheld.' 'Development consent is granted to Development Application No. DA 18/1280 for the use of unauthorised building work, including timber deck, windows,...