Aliya Grace Pty Ltd v Blacktown City council [2023] NSWLEC 1753

Aliya Grace Pty Ltd v Blacktown City council [2023] NSWLEC 1753

The Court was satisfied that the owners' consents, notification, integrated development referral and general terms of approval, contamination assessment, Biodiversity and Conservation SEPP considerations, Precinct Plan permissibility, minimum lot size exception, dwelling density, essential services and maximum lot depth requirements were adequately addressed. The parties' agreed decision was therefore one the Court could have made in the proper exercise of its functions, requiring the Court to dispose of the proceedings in accordance with that decision under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
12 December 2023
Procedural Posture
Class 1 Appeal Concerning Deemed Refusal of Development Application DA 22 01525 / Conciliation Conference Agreement and Final Orders Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; amended development application DA-22-01525 approved subject to conditions; Applicant ordered to pay Respondent's costs thrown away as a result of the amendment as agreed or assessed.
Legal Topics
['class 1 Proceedings' 'deemed Refusal' 'conciliation Conference' 'torrens Title Subdivision' 'integrated Development' 'bush Fire Safety' 'contamination Assessment' 'minimum Lot Size' 'dwelling Density' 'costs Thrown Away by Amendment']
['planning and Environment Law' 'development Consent' 'land Subdivision'] ['class 1 Proceedings' 'deemed Refusal' 'conciliation Conference' 'torrens Title Subdivision' 'integrated Development' 'bush Fire Safety' 'contamination Assessment' 'minimum Lot Size' 'dwelling Density' 'costs Thrown Away by Amendment']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning Deemed Refusal of Development Application DA 22 01525 / Conciliation Conference Agreement and Final Orders Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one that 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 jurisdictional prerequisites for granting development consent to amended development application DA-22-01525 were satisfied.' 'Whether the proposed Torrens title subdivision and associated works complied with relevant planning controls and referral requirements.']

Ratio Decidendi

The Court was satisfied that the owners' consents, notification, integrated development referral and general terms of approval, contamination assessment, Biodiversity and Conservation SEPP considerations, Precinct Plan permissibility, minimum lot size exception, dwelling density, essential services and maximum lot depth requirements were adequately addressed. The parties' agreed decision was therefore one the Court could have made in the proper exercise of its functions, requiring the Court to dispose of the proceedings in accordance with that decision under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; amended development application DA-22-01525 approved subject to conditions; Applicant ordered to pay Respondent's costs thrown away as a result of the amendment as agreed or assessed.

Orders

  • ["Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of the amendment, as agreed or as assessed." 'The appeal is upheld.' 'Development application DA-22-01525 seeking consent for Torrens title subdivision to create 14...