Archidrome Pty Ltd v Blacktown City Council [2022] NSWLEC 1629

Archidrome Pty Ltd v Blacktown City Council [2022] NSWLEC 1629

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the jurisdictional preconditions were met and that granting consent to the amended application subject to conditions was a decision the Court could make in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement and the amended development application was approved subject to conditions.

Jurisdiction
Australia
Judgment Date
11 November 2022
Procedural Posture
Class 1 Appeal Concerning a Development Application Deemed Refused / Final Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; amended development application approved subject to conditions; Applicant to pay Respondent's costs thrown away as a result of the amendment.
Legal Topics
['development Application Appeal' 'torrens Title Subdivision' 'community Title Lots' 'conciliation Conference Agreement' 'jurisdictional Preconditions for Consent' 'costs Thrown Away by Amendment']
['planning and Environment' 'development Consent' 'land Subdivision'] ['development Application Appeal' 'torrens Title Subdivision' 'community Title Lots' 'conciliation Conference Agreement' 'jurisdictional Preconditions for Consent' 'costs Thrown Away by Amendment']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a Development Application Deemed Refused / Final Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could grant development consent to the amended development application in the proper exercise of its functions following the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the jurisdictional preconditions for approval of the amended development application were satisfied.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the jurisdictional preconditions were met and that granting consent to the amended application subject to conditions was a decision the Court could make in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement and the amended development application was approved subject to conditions.

Court Disposition

Appeal upheld; amended development application approved subject to conditions; Applicant to pay Respondent's costs thrown away as a result of the amendment.

Orders

  • ['The Appeal is upheld.' 'Development Application DA-21-01954, as amended, for subdivision to create 44 Torrens title residential lots, as well as 20 community title lots (including two common property community title roads and 18 residential community title lots), construction of new roads, construction of 36 two...