Barker Group NSW Pty Ltd v Albury City Council [2023] NSWLEC 1259

Barker Group NSW Pty Ltd v Albury City Council [2023] NSWLEC 1259

Because the parties reached agreement after a s 34 conciliation conference and the Commissioner was satisfied that the amended development application complied sufficiently with the applicable statutory and planning requirements and that the agreed decision was one the Court could make in the proper exercise of its functions, the proceedings were disposed of by granting leave to amend the application, upholding the appeal, and approving the amended development application subject to conditions.

Jurisdiction
Australia
Judgment Date
31 May 2023
Procedural Posture
Class 1 Appeal Against Actual Refusal of Development Application Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / 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.
Legal Topics
['development Application' 'residential Flat Building' 'conciliation Conference' 'amended Plans' 'conditions of Consent' 'sepp 65 Design Quality' 'basix' 'contaminated Land' 'essential Services' 'earthworks']
['planning and Environment Law'] ['development Application' 'residential Flat Building' 'conciliation Conference' 'amended Plans' 'conditions of Consent' 'sepp 65 Design Quality' 'basix' 'contaminated Land' 'essential Services' 'earthworks']

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Procedural Posture

Class 1 Appeal Against Actual Refusal of Development Application Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following 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 giving effect to the parties' agreement to approve the amended development application subject to conditions." 'Whether applicable statutory and environmental planning requirements had been addressed for the amended residential flat building development.' 'Whether the site was suitable for the proposed development having regard to prior service station use and contamination considerations.']

Ratio Decidendi

Because the parties reached agreement after a s 34 conciliation conference and the Commissioner was satisfied that the amended development application complied sufficiently with the applicable statutory and planning requirements and that the agreed decision was one the Court could make in the proper exercise of its functions, the proceedings were disposed of by granting leave to amend the application, upholding the appeal, and approving the amended development application subject to conditions.

Court Disposition

Appeal upheld; amended development application approved subject to conditions.

Orders

  • ['Leave is granted to the Applicant to amend Development Application No. 10.2021.38929.1 and rely on the amended plans listed at Condition 1 of Annexure A to this agreement.' 'The appeal is upheld.' 'Development Application No. 10.2021.38929.1 seeking consent for a three-storey residential flat building comprising...