Blue Group Residential Pty Ltd v Central Coast Council [2023] NSWLEC 1210

Blue Group Residential Pty Ltd v Central Coast Council [2023] NSWLEC 1210

The Court was satisfied that the amended development application and agreed conditions were within power and that no jurisdictional impediments prevented approval. The Commissioner was satisfied as to owner consent, notification, contamination, coastal management, BASIX, permissibility in the R1 General Residential Zone, demolition consent, the floor space ratio variation under s 5.28 of the Precincts SEPP, acid sulfate soils, and design excellence. Because the parties' agreement was a decision 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 that agreement.

Jurisdiction
Australia
Judgment Date
04 May 2023
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application Da/481/2022 / Conciliation Conference; Orders Made by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application DA/481/2022 approved subject to conditions in Annexure A; leave granted to amend the Development Application.
Legal Topics
['demolition and Construction of Multi Dwelling Housing' 'amended Development Application' 'conciliation Conference Agreement' 'floor Space Ratio Variation' 'coastal Management' 'contaminated Land' 'design Excellence' 'basix Affected Development']
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['demolition and Construction of Multi Dwelling Housing' 'amended Development Application' 'conciliation Conference Agreement' 'floor Space Ratio Variation' 'coastal Management' 'contaminated Land' 'design Excellence' 'basix Affected Development']

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application Da/481/2022 / Conciliation Conference; Orders Made by Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether leave should be granted to amend the Development Application and rely on the amended plans and documents.' 'Whether the agreement reached by the parties was a decision the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether there were jurisdictional impediments to granting development consent for the amended multi-dwelling housing proposal.' 'Whether the proposed development could be approved notwithstanding non-compliance with the floor space ratio control under the State Environmental Planning Policy (Precincts - Regional) 2021.']

Ratio Decidendi

The Court was satisfied that the amended development application and agreed conditions were within power and that no jurisdictional impediments prevented approval. The Commissioner was satisfied as to owner consent, notification, contamination, coastal management, BASIX, permissibility in the R1 General Residential Zone, demolition consent, the floor space ratio variation under s 5.28 of the Precincts SEPP, acid sulfate soils, and design excellence. Because the parties' agreement was a decision 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 that agreement.

Court Disposition

Appeal upheld; Development Application DA/481/2022 approved subject to conditions in Annexure A; leave granted to amend the Development Application.

Orders

  • ['Leave is granted to the Application to amend the Development Application and rely on the plans listed at [8].' "The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the Development Application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as...