3MAV Pty Ltd v Northern Beaches Council [2021] NSWLEC 1670

3MAV Pty Ltd v Northern Beaches Council [2021] NSWLEC 1670

Because the amended Development Application satisfied the relevant jurisdictional prerequisites, including the applicable provisions of the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, Pittwater Local Environmental Plan 2014 and relevant State Environmental Planning Policies, the parties' agreed decision was one the Court could have made in the proper exercise of its functions. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
08 November 2021
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Actual Refusal of Development Application No DA 2020/0903 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions; Applicant ordered to pay Respondent's costs thrown away.
Legal Topics
['class 1 Development Appeal' 'conciliation Conference' 'shop Top Housing Development' 'jurisdictional Prerequisites for Development Consent' 'amended Development Application' 'costs Thrown Away']
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['class 1 Development Appeal' 'conciliation Conference' 'shop Top Housing Development' 'jurisdictional Prerequisites for Development Consent' 'amended Development Application' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Actual Refusal of Development Application No DA 2020/0903 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Final Orders

Legal Issues

  1. 1 ["Whether the parties' agreed decision to uphold the appeal and grant development consent 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 amended Development Application satisfied the relevant jurisdictional prerequisites, including the matters under s 4.15 of the Environmental Planning and Assessment Act 1979 and applicable environmental planning instruments.' 'Whether costs thrown away should be paid under s 8.15(3) of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

Because the amended Development Application satisfied the relevant jurisdictional prerequisites, including the applicable provisions of the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, Pittwater Local Environmental Plan 2014 and relevant State Environmental Planning Policies, the parties' agreed decision was one the Court could have made in the proper exercise of its functions. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; Applicant ordered to pay Respondent's costs thrown away.

Orders

  • ["The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $1,000.00 within 28 days of the orders being made by the Court." 'The appeal is upheld.' 'Development consent is granted to Development Application No DA 2020/0903...