Sethi v Blacktown City Council [2024] NSWLEC 1092

Sethi v Blacktown City Council [2024] NSWLEC 1092

Because the parties reached agreement at the s 34 conciliation conference and the Commissioner was satisfied that the agreed decision to grant Development Consent to the amended Development Application subject to conditions was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
05 March 2024
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application DA 22 01209 / Section 34 Conciliation Conference; Parties Reached Agreement; Final Orders Made
Outcome
Appeal upheld; Development Application DA-22-01209, as amended, determined by grant of Development Consent subject to conditions; Applicants ordered to pay Respondent's costs thrown away as a result of the Amended Development Application, as agreed or assessed.
Legal Topics
['development Application' 'child Care Centre' 'deemed Refusal Appeal' 'amended Plans' 'conciliation Conference' 'development Consent']
['planning and Environment Law'] ['development Application' 'child Care Centre' 'deemed Refusal Appeal' 'amended Plans' 'conciliation Conference' 'development Consent']

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 the Deemed Refusal of Development Application DA 22 01209 / Section 34 Conciliation Conference; Parties Reached Agreement; Final Orders Made

Legal Issues

  1. 1 ['Whether the agreed decision to grant Development Consent to Development Application DA-22-01209, as amended, 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 relevant jurisdictional prerequisites and planning controls were satisfied for the amended development application.']

Ratio Decidendi

Because the parties reached agreement at the s 34 conciliation conference and the Commissioner was satisfied that the agreed decision to grant Development Consent to the amended Development Application subject to conditions was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld; Development Application DA-22-01209, as amended, determined by grant of Development Consent subject to conditions; Applicants ordered to pay Respondent's costs thrown away as a result of the Amended Development Application, as agreed or assessed.

Orders

  • ['Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicants are to pay those costs of the Respondent that have been thrown away as a result of the Amended Development Application, as agreed or assessed.' 'The appeal is upheld.' 'Development Application DA-22-01209, as amended, for...