Fikkers v Wollongong City Council [2021] NSWLEC 1044

Fikkers v Wollongong City Council [2021] NSWLEC 1044

The appeal is upheld and development consent is granted subject to conditions, as the parties reached agreement during the conciliation conference and the jurisdictional and statutory prerequisites for granting consent have been satisfied.

Parties
First Applicant: Matthew Dominic Fikkers; Second Applicant: Rachel Fikkers; Respondent: Wollongong City Council
Jurisdiction
Australia
Judgment Date
25 January 2021
Procedural Posture
Appeal (development Application Refusal) / Final Determination at Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Application, Conciliation Conference, Jurisdictional Prerequisites, Zoning, Contaminated Land, Conditions of Consent
Planning and Environment Development Application Conciliation Conference Jurisdictional Prerequisites Zoning Contaminated Land Conditions of Consent

Case Brief

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Parties

Matthew Dominic Fikkers

First Applicant

Rachel Fikkers

Second Applicant

Wollongong City Council

Respondent

Procedural Posture

Appeal (development Application Refusal) / Final Determination at Conciliation Conference

Legal Issues

  1. 1 Whether the development application for alterations and additions to retaining walls and continued use of unauthorised structures should be granted consent subject to conditions
  2. 2 Whether jurisdictional prerequisites for the grant of development consent are satisfied
  3. 3 Compliance of proposed development with relevant environmental planning instruments and controls

Ratio Decidendi

The appeal is upheld and development consent is granted subject to conditions, as the parties reached agreement during the conciliation conference and the jurisdictional and statutory prerequisites for granting consent have been satisfied.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • The applicant is granted leave to amend Development Application Number 2018/1412 to rely on specific amended plans/documents prepared by SF Plan & Design dated 17.12.20.
  • The appeal is upheld.