Event and Time
Event Description
- Type: Appeal of a development application
- Act: Environmental Planning and Assessment Act 1979 (EP&A Act)
- Application: Development application DA-19-01485 for a six-storey residential flat building with 71 units
- Conciliation Efforts: Attempts made between August and September 2020; unresolved and hearing fixed for May 31, and June 1, 2021.
Application and Claims
- Applicant: Seeking development consent for a residential building.
- Respondent: Did not oppose the application but sought clarifications regarding drainage and unit amendments.
- Outcome: The matter was resolved in principle, leading to further conciliation on May 31, 2021.
Judicial Decisions
- The matter was ultimately resolved with the agreement of both parties on the terms of decision, leading to amendments of the development application and the granting of development consent under the conditions imposed.
Dispute Points and Legal Basis
Dispute Points
- Claims by Applicant:
- Need for development consent to construct residential flat buildings. - Compliance with zoning regulations (R3 Medium Density Residential). - Satisfaction of environmental and design quality standards.
- Arguments by Respondent:
- No objection to development consent itself but raised issues regarding: - Finished levels related to drainage. - Minor amendments to units for structural compliance.
- Conciliation Stance:
- After initial failure at conciliation, the parties reached an agreement to proceed with further conciliation efforts, indicating a willingness to negotiate terms satisfactorily.