Bellevue Road Holdings Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1003

Bellevue Road Holdings Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1003

Because the amended proposal resolved the merit issues, the parties reached an agreed decision, the relevant jurisdictional prerequisites were identified and satisfied, and the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement and grant development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
20 January 2021
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; development application approved subject to conditions; leave granted to rely on amended plans; applicant ordered to pay respondent's costs thrown away.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'residential Flat Building' 'costs Thrown Away']
['planning and Environment Law' 'development Consent'] ['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'residential Flat Building' 'costs Thrown Away']

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 Deemed Refusal of a Development Application / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision to grant consent to Development Application DA344/2019/1 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 the jurisdictional prerequisites for granting development consent under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied.' 'Whether the applicant should be granted leave to rely on amended plans and documentation.']

Ratio Decidendi

Because the amended proposal resolved the merit issues, the parties reached an agreed decision, the relevant jurisdictional prerequisites were identified and satisfied, and the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement and grant development consent subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions; leave granted to rely on amended plans; applicant ordered to pay respondent's costs thrown away.

Orders

  • ['The Applicant is granted leave to rely upon the amended plans and documentation referred to in condition A.3 of the conditions at Annexure "A".' "The Applicant is to pay the Respondent's costs thrown away under section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $8,750.00 within 28...