Vinogradov v Central Coast Council [2023] NSWLEC 1785

Vinogradov v Central Coast Council [2023] NSWLEC 1785

The Court was satisfied that the relevant jurisdictional requirements had been met, including consideration of coastal environment matters, contamination, BASIX requirements, Central Coast Local Environmental Plan 2022 permissibility and essential services, and objecting submissions. Because the parties' agreed 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 agreement.

Jurisdiction
Australia
Judgment Date
21 December 2023
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No Da/3526/2022 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Between the Parties; Orders Made
Outcome
Appeal upheld; development consent granted subject to conditions; applicant ordered to pay agreed thrown away costs.
Legal Topics
['development Application Appeal' 'deemed Refusal' 'conciliation Conference' 'consent Orders' 'coastal Environment Area' 'contaminated Land' 'basix' 'local Environmental Plan Compliance']
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['development Application Appeal' 'deemed Refusal' 'conciliation Conference' 'consent Orders' 'coastal Environment Area' 'contaminated Land' 'basix' 'local Environmental Plan Compliance']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No Da/3526/2022 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Between the Parties; Orders Made

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one 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 under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied.' 'Whether relevant environmental planning instruments and statutory considerations, including SEPP Resilience and Hazards, SEPP BASIX, the Central Coast Local Environmental Plan 2022 and objecting submissions, had been addressed.']

Ratio Decidendi

The Court was satisfied that the relevant jurisdictional requirements had been met, including consideration of coastal environment matters, contamination, BASIX requirements, Central Coast Local Environmental Plan 2022 permissibility and essential services, and objecting submissions. Because the parties' agreed 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 agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant ordered to pay agreed thrown away costs.

Orders

  • ['The Applicant to pay those costs of the consent authority that have been thrown away as a result of the amendment of the application for development consent pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $12,000.00 (ex GST).' 'The appeal is upheld.' 'Development...