1145 CG Pty Ltd v Hawkesbury City Council [2024] NSWLEC 1489

1145 CG Pty Ltd v Hawkesbury City Council [2024] NSWLEC 1489

Because the parties reached an agreement after the s 34 conciliation conference, the jurisdictional prerequisites for the amended development application were satisfied, approval of the proposed development was in the public interest, and the agreed decision was one the Court could have made in the proper exercise...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 August 2024
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application No Da0151/23 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted to Development Application No DA0151/23 as amended, subject to conditions; Applicant ordered to pay Respondent's costs thrown away in the agreed amount of $6,000.
Legal Topics
['development Consent' 'subdivision' 'conciliation Conference' 'jurisdictional Prerequisites' 'bushfire Prone Land' 'integrated Development' 'voluntary Planning Agreement' 'costs Thrown Away']
['planning and Environment' 'development Appeals'] ['development Consent' 'subdivision' 'conciliation Conference' 'jurisdictional Prerequisites' 'bushfire Prone Land' 'integrated Development' 'voluntary Planning Agreement' 'costs Thrown Away']

Source-derived case record

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application No Da0151/23 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the jurisdictional prerequisites for granting development consent to the amended development application were satisfied.' 'Whether development consent should be granted to the amended development application for demolition, subdivision into 30 Torrens title lots over 2 stages, vegetation removal, roads, drainage civil works and associated street landscaping works.']

Ratio Decidendi

Because the parties reached an agreement after the s 34 conciliation conference, the jurisdictional prerequisites for the amended development application were satisfied, approval of the proposed development was in the public interest, and the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' decision by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted to Development Application No DA0151/23 as amended, subject to conditions; Applicant ordered to pay Respondent's costs thrown away in the agreed amount of $6,000.

Orders

  • ['Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the costs of the Respondent that have been thrown away as a result of the amendment of the development application, in the agreed amount of $6,000, such amount to be paid within 28 days of the date of this order.'...