513-517 Princes Highway Pty Limited v Bayside Council [2020] NSWLEC 1657

513-517 Princes Highway Pty Limited v Bayside Council [2020] NSWLEC 1657

Because the parties' agreed decision to grant conditional consent was a decision the Court could have made in the proper exercise of its functions, the notification requirements and other jurisdictional prerequisites were satisfied, and the proposed development complied with or was acceptable under the relevant planning instruments including RLEP 2011, SEPP 55 and SEPP 64, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the agreement and grant development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
17 December 2020
Procedural Posture
Class 1 Appeal Against Refusal of a Development Application / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Orders Made by Agreement
Outcome
Appeal upheld; development consent granted subject to conditions at Annexure A.
Legal Topics
['development Application Appeal' 'advertising Signage' 'sepp 64 Wall Advertisement' 'section 34 Conciliation Agreement' 'jurisdictional Prerequisites for Consent']
['planning and Environment Law' 'development Consent'] ['development Application Appeal' 'advertising Signage' 'sepp 64 Wall Advertisement' 'section 34 Conciliation Agreement' 'jurisdictional Prerequisites for Consent']

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Procedural Posture

Class 1 Appeal Against Refusal of a Development Application / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Orders Made by Agreement

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one 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 jurisdictional prerequisites for granting development consent to DA2018/94 were satisfied.' 'Whether the proposed LED digital advertising sign complied with applicable planning controls including Rockdale Local Environmental Plan 2011, SEPP 55 and SEPP 64.']

Ratio Decidendi

Because the parties' agreed decision to grant conditional consent was a decision the Court could have made in the proper exercise of its functions, the notification requirements and other jurisdictional prerequisites were satisfied, and the proposed development complied with or was acceptable under the relevant planning instruments including RLEP 2011, SEPP 55 and SEPP 64, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the agreement and grant development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions at Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Consent is granted to 2018/94 for the replacement of an existing advertising sign with an LED digital display advertising sign on the corner of Princes Highway, Tramway Arcade and The Seven Ways, 511 Princes Highway, Rockdale; construction of a new art deco façade on the first...