Ardill Payne & Partners v Ballina Shire Council [2019] NSWLEC 1633

Ardill Payne & Partners v Ballina Shire Council [2019] NSWLEC 1633

Because the parties reached agreement, the Council's contentions were resolved, and the jurisdictional prerequisites in former cl 5.5 of the Ballina Local Environmental Plan 2012 were satisfied, the agreed decision to grant conditional consent to the amended development application was one the Court could have made in the proper exercise of its functions; accordingly, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' decision.

Jurisdiction
Australia
Judgment Date
20 December 2019
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application 2017/707 / Orders Following S 34 Conciliation Conference Agreement
Outcome
Appeal upheld; leave to amend the development application granted; development consent granted subject to conditions.
Legal Topics
['development Application' 'development Consent' 'conciliation Conference' 'coastal Zone Development' 'coastal Hazards']
['planning and Environment Law'] ['development Application' 'development Consent' 'conciliation Conference' 'coastal Zone Development' 'coastal Hazards']

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 Refusal of Development Application 2017/707 / Orders Following S 34 Conciliation Conference Agreement

Legal Issues

  1. 1 ['Whether leave should be granted to amend development application DA 2017/707 to rely on amended plans and documents.' "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 in former cl 5.5 of the Ballina Local Environmental Plan 2012 were satisfied for development on land within the coastal zone.']

Ratio Decidendi

Because the parties reached agreement, the Council's contentions were resolved, and the jurisdictional prerequisites in former cl 5.5 of the Ballina Local Environmental Plan 2012 were satisfied, the agreed decision to grant conditional consent to the amended development application was one the Court could have made in the proper exercise of its functions; accordingly, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' decision.

Court Disposition

Appeal upheld; leave to amend the development application granted; development consent granted subject to conditions.

Orders

  • ["The Applicant is granted leave to amend development application DA 2017/707 to rely upon the plans and documents identified in condition 1 of Annexure 'A'." 'The appeal is upheld.' "Development consent is granted to development application DA 2017/707 for the demolition of an existing dwelling and associated...