Proietti v City of Canada Bay Council [2019] NSWLEC 1480

Proietti v City of Canada Bay Council [2019] NSWLEC 1480

Because the parties' agreed decision involved a development consent the Court could grant under s 4.16 of the Environmental Planning and Assessment Act 1979, and because there were no jurisdictional impediments concerning permissibility, development standards, contamination or neighbour submissions, s 34(3) of the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 October 2019
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application DA 2018/0080 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Final Orders Made by Agreement
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'development Consent' 'conciliation Conference' 'food and Drink Premises' 'trading Hours' 'parking' 'privacy Impacts' 'remediation of Land']
['planning and Environment Law'] ['development Application' 'development Consent' 'conciliation Conference' 'food and Drink Premises' 'trading Hours' 'parking' 'privacy Impacts' 'remediation of Land']

Source-derived case record

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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 Development Application DA 2018/0080 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Final Orders Made by Agreement

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision 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 development consent should be granted to Development Application DA-2018/0080 as amended.' 'Whether jurisdictional matters, including permissibility, development standards, contamination and neighbour submissions, prevented determination of the appeal by agreement.']

Ratio Decidendi

Because the parties' agreed decision involved a development consent the Court could grant under s 4.16 of the Environmental Planning and Assessment Act 1979, and because there were no jurisdictional impediments concerning permissibility, development standards, contamination or neighbour submissions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the agreement by upholding the appeal and granting consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on the amended plans referred to in condition 1 of Annexure "A".' 'The Applicant is to pay those costs of the respondent that have been thrown away as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), as agreed...