Masri v Georges River Council [2019] NSWLEC 1165

Masri v Georges River Council [2019] NSWLEC 1165

Because the parties reached agreement at a conciliation conference on amended terms for the proposal, and the agreed decision was one the Court could make in the proper exercise of its functions under s 4.16 of the Environmental Planning and Assessment Act 1979 and was consistent with the relevant planning principles, the proceedings were disposed of by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
11 April 2019
Procedural Posture
Class 1 Appeal Against Refusal of Development Application / Conciliation Conference Agreement and Final Orders
Outcome
Appeal upheld; development application approved subject to conditions of consent at Annexure A.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'consent Orders' 'residential Development']
['planning and Environment' 'development Consent'] ['development Application Appeal' 'conciliation Conference' 'consent Orders' 'residential Development']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application / Conciliation Conference Agreement and Final Orders

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement reached at the conciliation conference." 'Whether development consent could be granted for Development Application No. DA/2017/0662 as amended.']

Ratio Decidendi

Because the parties reached agreement at a conciliation conference on amended terms for the proposal, and the agreed decision was one the Court could make in the proper exercise of its functions under s 4.16 of the Environmental Planning and Assessment Act 1979 and was consistent with the relevant planning principles, the proceedings were disposed of by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions of consent at Annexure A.

Orders

  • ['The applicant is granted leave to amend the application by relying on the amended documentation listed at condition 1 of the conditions of consent at Annexure A.' 'The appeal is upheld.' 'Development Application No. DA/2017/0662 for the demolition of the existing structures and construction of a new two storey...