Switaj v Wollongong City Council [2019] NSWLEC 1334

Switaj v Wollongong City Council [2019] NSWLEC 1334

The Court was satisfied the agreement reached between the parties after conciliation was a decision it could properly make, and ordered the appeal upheld and the granting of development consent subject to proposed conditions.

Jurisdiction
Australia
Judgment Date
16 July 2019
Procedural Posture
Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
['development Application' 'appeal' 'conciliation Conference' 'development Consent']
['planning and Environment'] ['development Application' 'appeal' 'conciliation Conference' 'development Consent']

Case Brief

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Procedural Posture

Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether to grant development consent for a residential dwelling, swimming pools, and spa at 1A Norman Street, Mangerton NSW 2500' 'Whether the amended plans and stormwater plans should be relied upon' 'Whether the appeal should be upheld in accordance with the agreement between the parties after conciliation']

Ratio Decidendi

The Court was satisfied the agreement reached between the parties after conciliation was a decision it could properly make, and ordered the appeal upheld and the granting of development consent subject to proposed conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • ['The Applicant is granted leave to rely on amended plans prepared by T & C Design Consultants as listed.' 'The Applicant is granted leave to rely on amended stormwater plans prepared by Footprint Sustainable Engineering as listed.' 'The appeal is upheld.' 'DA-2017/1719 for construction of a residential dwelling...