Lang v Waverley Council [2021] NSWLEC 1796

Lang v Waverley Council [2021] NSWLEC 1796

The appeal was upheld and the development consent granted because the jurisdictional requirements under relevant planning instruments and legislation were satisfied as assessed by the Court, there were no impediments or unresolved objections, and the parties had resolved outstanding issues through amendments and agreed conditions of consent.

Parties
First Applicant: David Land; Second Applicant: Dearbhail Land; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
24 December 2021
Procedural Posture
Class 1 Appeal / Final Determination After Conciliation Conference
Outcome
Appeal upheld; development consent granted, subject to conditions
Legal Topics
Development Application, Consent Conditions, Conciliation Conference
Planning Law Environmental Law Development Application Consent Conditions Conciliation Conference

Case Brief

Summary, issues, holding and outcome

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Parties

David Land

First Applicant

Dearbhail Land

Second Applicant

Waverley Council

Respondent

Procedural Posture

Class 1 Appeal / Final Determination After Conciliation Conference

Legal Issues

  1. 1 Whether the amended development application should be approved
  2. 2 Whether statutory and planning requirements under relevant instruments are satisfied

Ratio Decidendi

The appeal was upheld and the development consent granted because the jurisdictional requirements under relevant planning instruments and legislation were satisfied as assessed by the Court, there were no impediments or unresolved objections, and the parties had resolved outstanding issues through amendments and agreed conditions of consent.

Court Disposition

Appeal upheld; development consent granted, subject to conditions

Orders

  • The Appeal is upheld.
  • Development application No. DA/138/2021 for the demolition of existing two storey dwelling and swimming pool and construction of new three storey dwelling and swimming pool at 178 Hastings Parade, North Bondi, is approved subject to the conditions of consent in Annexure 'A'.