Beverley Park Golf Club Ltd v Georges River Council [2020] NSWLEC 1679

Beverley Park Golf Club Ltd v Georges River Council [2020] NSWLEC 1679

Because the amended development application, supporting documents and agreed conditions resolved the Council's contentions and objector issues, and because the Court was satisfied there were no jurisdictional impediments and that DA 2017/0471 satisfied s 4.15(1) of the Environmental Planning and Assessment Act 1979, the parties' agreement was a decision the Court could have made and the Court was required under s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with it.

Jurisdiction
Australia
Judgment Date
24 December 2020
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 2017/0471 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Between the Parties; Final Orders
Outcome
Appeal upheld; Development Application No. 2017/0471 approved subject to conditions of consent.
Legal Topics
['development Application' 'golf Course Perimeter Security Fence and Gates' 'visual Amenity' "owner's Consent" 'remediation of Land' 'conciliation Conference' 'consent Orders']
['planning and Environment Law'] ['development Application' 'golf Course Perimeter Security Fence and Gates' 'visual Amenity' "owner's Consent" 'remediation of Land' 'conciliation Conference' 'consent Orders']

Case Brief

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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 No. 2017/0471 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Between the Parties; Final Orders

Legal Issues

  1. 1 ['Whether the Court could approve the amended Development Application No. 2017/0471 for construction of a perimeter security fence and gates and landscaping/golf course works at Beverley Park Golf Course.' "Whether the parties' agreement 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 amended development application satisfied the requirements of s 4.15(1) of the Environmental Planning and Assessment Act 1979 and relevant planning instruments.' "Whether issues concerning owner's consent, SEPP 55, KLEP, KDCP, notification, objector submissions and amenity impacts were resolved."]

Ratio Decidendi

Because the amended development application, supporting documents and agreed conditions resolved the Council's contentions and objector issues, and because the Court was satisfied there were no jurisdictional impediments and that DA 2017/0471 satisfied s 4.15(1) of the Environmental Planning and Assessment Act 1979, the parties' agreement was a decision the Court could have made and the Court was required under s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with it.

Court Disposition

Appeal upheld; Development Application No. 2017/0471 approved subject to conditions of consent.

Orders

  • ['Leave is granted to the Applicant to rely on the amended material annexed to the Agreement and marked "A".' "The Applicant is to pay the Respondent's costs thrown away as a result of amending the development application under section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of...