Albert Street Group Pty Ltd v Cumberland Council [2021] NSWLEC 1029

Albert Street Group Pty Ltd v Cumberland Council [2021] NSWLEC 1029

The Court was satisfied that the relevant jurisdictional prerequisites had been met and that the parties' agreed decision to uphold the appeal and grant development consent subject to conditions 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, the Court was therefore required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
20 January 2021
Procedural Posture
Class 1 Development Application Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Made Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions; Applicant granted leave to amend its development application and ordered to pay the Respondent's costs of $3,000 within 28 days.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'mixed Use Development' 'shop Top Housing' 'jurisdictional Prerequisites' 'consent Subject to Conditions']
['planning and Environment' 'development Consent'] ['development Application Appeal' 'conciliation Conference' 'mixed Use Development' 'shop Top Housing' 'jurisdictional Prerequisites' 'consent Subject to Conditions']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Made Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Applicant should be granted leave to amend its development application.' 'Whether the jurisdictional prerequisites for the Court to exercise power under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied.' "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 appeal should be upheld and development consent granted subject to conditions.']

Ratio Decidendi

The Court was satisfied that the relevant jurisdictional prerequisites had been met and that the parties' agreed decision to uphold the appeal and grant development consent subject to conditions 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, the Court was therefore required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development application approved subject to conditions; Applicant granted leave to amend its development application and ordered to pay the Respondent's costs of $3,000 within 28 days.

Orders

  • ['The Applicant is granted leave to amend its development application to rely upon the specified plans.' 'The Applicant is granted leave to amend its development application to rely upon the specified documents.' "The Applicant is to pay the Respondent's costs in the sum of $3,000 arising under s 8.15(3) of the...