ACN 646 685 592 Pty Ltd v Northern Beaches Council [2022] NSWLEC 1447

ACN 646 685 592 Pty Ltd v Northern Beaches Council [2022] NSWLEC 1447

The agreed amended development application satisfied the relevant jurisdictional prerequisites, including permissibility in the R3 Medium Density Residential zone, compliance with relevant Warringah Local Environmental Plan 2011 controls, consideration of SEPP 65, contamination, BASIX and regulatory requirements. Because the parties' 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 that decision.

Jurisdiction
Australia
Judgment Date
02 September 2022
Procedural Posture
Class 1 Development Application Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 Conciliation Agreement
Outcome
Appeal upheld; development consent granted subject to conditions; Applicant to pay Respondent's costs thrown away arising from the amended development application.
Legal Topics
['development Application' 'residential Flat Building' 'conciliation Conference' 'consent Orders' 'sepp 65' 'basix' 'contaminated Land' 'earthworks']
['planning and Environment Law'] ['development Application' 'residential Flat Building' 'conciliation Conference' 'consent Orders' 'sepp 65' 'basix' 'contaminated Land' 'earthworks']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 Conciliation Agreement

Legal Issues

  1. 1 ["Whether the parties' s 34 agreement was a decision the Court could have made in the proper exercise of its functions." 'Whether jurisdictional prerequisites for granting consent under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied.' 'Whether development consent should be granted for DA2021/2153 subject to agreed conditions.']

Ratio Decidendi

The agreed amended development application satisfied the relevant jurisdictional prerequisites, including permissibility in the R3 Medium Density Residential zone, compliance with relevant Warringah Local Environmental Plan 2011 controls, consideration of SEPP 65, contamination, BASIX and regulatory requirements. Because the parties' 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 that decision.

Court Disposition

Appeal upheld; development consent granted subject to conditions; Applicant to pay Respondent's costs thrown away arising from the amended development application.

Orders

  • ["The Applicant is to pay the Respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as a result of the amendment to the development application as agreed or assessed." 'The appeal is upheld.' 'Development application no. DA2021/2153 for the demolition of 2...