Whitworth Holding Pty Ltd v Cumberland Council [2020] NSWLEC 1241
The appeal is upheld and development consent is granted because the jurisdictional prerequisites have been satisfied and the agreement between the parties is a decision the Court could properly make under the relevant legislation.
- Parties
- Applicant: Whitworth Holding Pty Ltd; Respondent: Cumberland Council
- Jurisdiction
- Australia
- Judgment Date
- 03 June 2020
- Procedural Posture
- Class 1 Appeal / Post Conciliation Conference Orders
- Outcome
- Appeal upheld; development application approved subject to conditions; applicant to pay costs.
- Legal Topics
- Development Application, Child Care Facility, Conciliation Conference, Appeal Against Development Refusal
Case Brief
Summary, issues, holding and outcome
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Parties
Whitworth Holding Pty Ltd
Applicant
Cumberland Council
Respondent
Procedural Posture
Class 1 Appeal / Post Conciliation Conference Orders
Legal Issues
- 1 Whether the jurisdictional prerequisites for granting development consent are satisfied
- 2 Whether the development application should be approved subject to conditions
Ratio Decidendi
The appeal is upheld and development consent is granted because the jurisdictional prerequisites have been satisfied and the agreement between the parties is a decision the Court could properly make under the relevant legislation.
Court Disposition
Appeal upheld; development application approved subject to conditions; applicant to pay costs.
Orders
- The Applicant is granted leave to amend the Development Application No. 2018/233/1 and to rely upon specified amended plans and documents.
- The Applicant is to pay the Respondent's costs in the sum of $1,500 within 28 days.
Full Case Text
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