Campisi v Mosman Municipal Council [2022] NSWLEC 1503

Campisi v Mosman Municipal Council [2022] NSWLEC 1503

Because the parties reached agreement at the s 34 conciliation conference, the jurisdictional prerequisites for granting consent were satisfied, the proposed development was acceptable having regard to s 4.15(1) of the Environmental Planning and Assessment Act 1979, and the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
16 September 2022
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / S 34 Conciliation Conference Agreement; Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions; Applicant ordered to pay agreed costs thrown away.
Legal Topics
['development Application' 'dual Occupancy' 'conciliation Conference' 'development Consent' 'costs Thrown Away' 'jurisdictional Prerequisites']
['environmental Planning and Assessment' 'land and Environment Court Proceedings'] ['development Application' 'dual Occupancy' 'conciliation Conference' 'development Consent' 'costs Thrown Away' 'jurisdictional Prerequisites']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / S 34 Conciliation Conference Agreement; Final Orders

Legal Issues

  1. 1 ["Whether the parties' agreement reached at a s 34 conciliation conference was a decision the Court could have made in the proper exercise of its functions." 'Whether the jurisdictional prerequisites for granting consent to development application DA 8.2021.336.1 were satisfied.' 'Whether development consent should be granted for demolition of the existing dwelling, construction of two residential units with basement carparking, tree removal and associated landscaping at 161 Avenue Road, Mosman.']

Ratio Decidendi

Because the parties reached agreement at the s 34 conciliation conference, the jurisdictional prerequisites for granting consent were satisfied, the proposed development was acceptable having regard to s 4.15(1) of the Environmental Planning and Assessment Act 1979, and the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required 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 costs thrown away.

Orders

  • ["The Applicant shall pay the Respondent's costs thrown away by reason of the amendment of the Development Application pursuant to s 8.15(3) Environmental Planning and Assessment Act 1979 in the agreed sum of $8,500.00 within 28 days of the making of this order." 'The Appeal is upheld.' 'Development consent is...