Pavia v Wollongong City Council [2023] NSWLEC 1748

Pavia v Wollongong City Council [2023] NSWLEC 1748

The appeal is upheld as the parties have resolved all issues, the proposed development satisfies all relevant planning controls and jurisdictional prerequisites, and the Court is satisfied, in accordance with s 34(3) of the Land and Environment Court Act 1979, that the orders sought are within the Court's powers and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 December 2023
Procedural Posture
Development Appeal / Conciliation Conference Orders Following Agreement Between Parties
Outcome
Appeal upheld; deferred commencement development consent granted subject to conditions in Annexure A
Legal Topics
['development Application' 'appeal' 'consent Orders' 'deferred Commencement Consent' 'heritage' 'design Quality' 'local Environmental Plan' 'public Notification']
['planning and Environment'] ['development Application' 'appeal' 'consent Orders' 'deferred Commencement Consent' 'heritage' 'design Quality' 'local Environmental Plan' 'public Notification']

Source-derived case record

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Procedural Posture

Development Appeal / Conciliation Conference Orders Following Agreement Between Parties

Legal Issues

  1. 1 ['Whether the appeal against refusal of DA-2021/1467 should be upheld and development consent granted' 'Whether all relevant jurisdictional prerequisites for grant of consent have been satisfied' 'Whether the proposed development complies with planning controls including heritage, design excellence, FSR, and public interest']

Ratio Decidendi

The appeal is upheld as the parties have resolved all issues, the proposed development satisfies all relevant planning controls and jurisdictional prerequisites, and the Court is satisfied, in accordance with s 34(3) of the Land and Environment Court Act 1979, that the orders sought are within the Court's powers and functions.

Court Disposition

Appeal upheld; deferred commencement development consent granted subject to conditions in Annexure A

Orders

  • ['The appeal is upheld.' "Development Application DA-2021/1467 for shop top housing comprising four commercial tenancies, forty-two residential apartments, and three levels of basement parking at Lot 1 DP 612714 and Lot 20 DP 856321, 81-85 Keira Street, Wollongong NSW 2500 is determined by granting of deferred...