Flaherty v Hawkesbury City Council [2020] NSWLEC 1449

Flaherty v Hawkesbury City Council [2020] NSWLEC 1449

The agreed decision to grant conditional development consent was a decision the Court could have made because the required integrated development approvals and relevant environmental planning instrument prerequisites were satisfied; therefore s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
24 September 2020
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld and Development Application No. 0498/18 approved subject to conditions.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'state Heritage Item' 'integrated Development' 'urban Release Area Subdivision' 'conciliation Conference' 'conditional Development Consent']
['planning and Environmental Law' 'heritage Law' 'land Use and Subdivision'] ['development Application' 'deemed Refusal Appeal' 'state Heritage Item' 'integrated Development' 'urban Release Area Subdivision' 'conciliation Conference' 'conditional Development Consent']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the Court could make orders in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether jurisdictional prerequisites for integrated development under the Environmental Planning and Assessment Act 1979 and related legislation were satisfied.' 'Whether relevant requirements of the Hawkesbury Local Environmental Plan 2012, State Environmental Planning Policy No 55—Remediation of Land and State Environmental Planning Policy (Infrastructure) 2007 were satisfied.']

Ratio Decidendi

The agreed decision to grant conditional development consent was a decision the Court could have made because the required integrated development approvals and relevant environmental planning instrument prerequisites were satisfied; therefore s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld and Development Application No. 0498/18 approved subject to conditions.

Orders

  • ['Leave is granted to the applicant to rely on the amended plans and documents referred to in Condition 1 of the conditions annexed and marked "A".' 'The Applicant is ordered to pay the First Respondent\'s costs "thrown away" as a result of the amended development application pursuant to section 8.15(3) of the...