Parsons v Shellharbour City Council [2020] NSWLEC 1539

Parsons v Shellharbour City Council [2020] NSWLEC 1539

Because the amended plans, supporting documents and agreed conditions resolved the Council's contentions and objector issues, and because the Court was satisfied there were no jurisdictional impediments and that DA 0682/2019 satisfied ss 4.14 and 4.15(1) of the Environmental Planning and Assessment Act 1979, the agreed decision was one the Court could make and the proceedings had to be disposed of in accordance with s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
09 November 2020
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application DA 0682/2019 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Consent Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld and development consent granted to DA 0682/2019 subject to conditions in Annexure A; applicant ordered to pay respondent's costs thrown away.
Legal Topics
['cemetery Development With Associated Buildings' 'flood Management' 'noise and Acoustic Impacts' 'bushfire Prone Land' 'biodiversity Impacts' 'road Works and Classified Road Concurrence' 'remediation of Land' 'advertising and Signage' 'disability Access' 'conciliation Conference Agreement']
['planning and Environment' 'development Consent' 'land Use and Zoning'] ['cemetery Development With Associated Buildings' 'flood Management' 'noise and Acoustic Impacts' 'bushfire Prone Land' 'biodiversity Impacts' 'road Works and Classified Road Concurrence' 'remediation of Land' 'advertising and Signage' 'disability Access' 'conciliation Conference Agreement']

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application DA 0682/2019 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Consent Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the agreed grant of consent to DA 0682/2019 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 and assessment requirements, including ss 4.14 and 4.15(1) of the Environmental Planning and Assessment Act 1979.' 'Whether contentions concerning disability access, bushfire, biodiversity, roads, contamination, signage, zoning, flooding, airport noise, amenity and objector issues had been resolved.']

Ratio Decidendi

Because the amended plans, supporting documents and agreed conditions resolved the Council's contentions and objector issues, and because the Court was satisfied there were no jurisdictional impediments and that DA 0682/2019 satisfied ss 4.14 and 4.15(1) of the Environmental Planning and Assessment Act 1979, the agreed decision was one the Court could make and the proceedings had to be disposed of in accordance with s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld and development consent granted to DA 0682/2019 subject to conditions in Annexure A; applicant ordered to pay respondent's costs thrown away.

Orders

  • ['Leave is granted to rely on the documents that are the subject of development application DA 0682/2019 listed at [23(1)].' "The Applicant is to pay the Respondent's costs thrown away in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $7,500 within 28 days of the...