Todarello v Blue Mountains City Council [2023] NSWLEC 1524

Todarello v Blue Mountains City Council [2023] NSWLEC 1524

The amended development application, supporting documents and agreed conditions addressed the relevant jurisdictional requirements, including planning controls, road and concurrence requirements, contamination, biodiversity, traffic, wastewater and stormwater matters. Because there were no jurisdictional impediments and the agreed grant of consent was a decision the Court could have made in the proper exercise of its functions, s 34(3) required the Court to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
13 September 2023
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application X/431/2022 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Final Orders by Agreement
Outcome
Appeal upheld; amended Development Application X/431/2022 granted consent subject to conditions.
Legal Topics
['development Application' 'existing Use Rights' 'wastewater and Stormwater Management' 'conciliation Conference' 'agreement Between the Parties']
['planning and Environment Law' 'development Consent' 'land Use'] ['development Application' 'existing Use Rights' 'wastewater and Stormwater Management' 'conciliation Conference' 'agreement Between the Parties']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application X/431/2022 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Final Orders by Agreement

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether amended Development Application X/431/2022 satisfied the relevant jurisdictional requirements for the grant of development consent.' 'Whether the proposed alterations and additions to an existing fruit shop and associated engineering works could be approved subject to conditions.']

Ratio Decidendi

The amended development application, supporting documents and agreed conditions addressed the relevant jurisdictional requirements, including planning controls, road and concurrence requirements, contamination, biodiversity, traffic, wastewater and stormwater matters. Because there were no jurisdictional impediments and the agreed grant of consent was a decision the Court could have made in the proper exercise of its functions, s 34(3) required the Court to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld; amended Development Application X/431/2022 granted consent subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application X/431/2022, as amended, which seeks alterations and additions to an existing fruit shop and associated engineering works on Lot 9 Deposited Plan 656879, also known as 731-733 Great Western Highway, Faulconbridge, is determined by the grant of consent, subject to the...