Sharma v Bayside Council [2020] NSWLEC 1673

Sharma v Bayside Council [2020] NSWLEC 1673

Because the Commissioner was satisfied that all jurisdictional prerequisites had been met, that approval of the proposed development would not contravene the Environmental Planning and Assessment Act 1979, an environmental planning instrument or the regulations, and that the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
23 December 2020
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application DA 2019 261 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Reached Under S 34(3)
Outcome
Appeal upheld; leave granted to amend the development application; Development Application No. DA-2019/261 approved subject to conditions at Annexure A.
Legal Topics
['modification Application' 'development Application Refusal Appeal' 'conciliation Conference' 'development Consent' 'jurisdictional Prerequisites' 'basix' 'remediation of Land' 'public Submissions']
['environmental Planning and Assessment' 'land and Environment'] ['modification Application' 'development Application Refusal Appeal' 'conciliation Conference' 'development Consent' 'jurisdictional Prerequisites' 'basix' 'remediation of Land' 'public Submissions']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application DA 2019 261 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Reached Under S 34(3)

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 was a decision the Court could have made in the proper exercise of its functions." 'Whether jurisdictional prerequisites for granting development consent to the amended development application were satisfied.' 'Whether the proposed development was permissible with consent and complied with relevant planning controls and environmental planning instruments.']

Ratio Decidendi

Because the Commissioner was satisfied that all jurisdictional prerequisites had been met, that approval of the proposed development would not contravene the Environmental Planning and Assessment Act 1979, an environmental planning instrument or the regulations, and that the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with the parties' agreement.

Court Disposition

Appeal upheld; leave granted to amend the development application; Development Application No. DA-2019/261 approved subject to conditions at Annexure A.

Orders

  • ['The Applicant is granted leave to amend its development application to rely upon the listed architectural plans DA01 to DA05 prepared by AB3D Building Design dated 9 October 2020.' 'The Applicant is granted leave to amend its development application to rely upon the listed documents, including the Building Code of...