Tobias Partners Pty Ltd v Waverley Council [2024] NSWLEC 1529

Tobias Partners Pty Ltd v Waverley Council [2024] NSWLEC 1529

The appeal is upheld and development consent is granted because the agreement between the parties complies with the statutory requirements, all relevant jurisdictional and planning requirements have been satisfied, and the Court is satisfied that it could have made the agreed decision in its proper functions.

Jurisdiction
Australia
Judgment Date
28 August 2024
Procedural Posture
Class 1 Appeal / Consent Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to agreed conditions
Legal Topics
['development Application' 'consent Orders' 'local Environmental Plan' 'mandatory Conciliation']
['planning Law' 'environmental Law'] ['development Application' 'consent Orders' 'local Environmental Plan' 'mandatory Conciliation']

Case Brief

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Procedural Posture

Class 1 Appeal / Consent Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the development application should be approved subject to agreed conditions' 'Whether the jurisdictional requirements for grant of consent are satisfied under the Environmental Planning and Assessment Act 1979 and relevant State Environmental Planning Policies']

Ratio Decidendi

The appeal is upheld and development consent is granted because the agreement between the parties complies with the statutory requirements, all relevant jurisdictional and planning requirements have been satisfied, and the Court is satisfied that it could have made the agreed decision in its proper functions.

Court Disposition

Appeal upheld; development consent granted subject to agreed conditions

Orders

  • ['The appeal is upheld.' 'Development Application No DA-534/2022 is determined by grant of consent subject to the conditions set out at Annexure A.']