Attena Group Pty Ltd v Randwick City Council [2022] NSWLEC 1586

Attena Group Pty Ltd v Randwick City Council [2022] NSWLEC 1586

Because the parties reached an agreement to uphold the appeal and grant consent to the amended DA, and the Commissioner was satisfied that the owner consent, notification and submissions, permissibility, development standards and relevant planning controls had been appropriately addressed, the agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
25 October 2022
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application DA 150/2022 / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld and development consent granted to Development Application DA 150/2022 as amended, subject to conditions.
Legal Topics
['development Application' 'residential Flat Building' 'deemed Refusal Appeal' 'conciliation Agreement' 'amended Development Application' 'costs Thrown Away']
['planning and Environment' 'development Consent'] ['development Application' 'residential Flat Building' 'deemed Refusal Appeal' 'conciliation Agreement' 'amended Development Application' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application DA 150/2022 / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders under s 34(3) of the Land and Environment Court Act 1979 in accordance with the parties' agreed decision" 'Whether jurisdictional prerequisites for granting consent to the amended Development Application DA 150/2022 were satisfied' 'Whether the amended development application addressed public submissions and relevant environmental planning instruments']

Ratio Decidendi

Because the parties reached an agreement to uphold the appeal and grant consent to the amended DA, and the Commissioner was satisfied that the owner consent, notification and submissions, permissibility, development standards and relevant planning controls had been appropriately addressed, the agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld and development consent granted to Development Application DA 150/2022 as amended, subject to conditions.

Orders

  • ['Leave is granted to the Applicant to amend Development Application DA 150/2022 and rely upon amended plans and documents referred to in condition 1 at Annexure A.' "Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a...