Borina Pty Ltd v Georges River Council [2019] NSWLEC 1270

Borina Pty Ltd v Georges River Council [2019] NSWLEC 1270

The amended proposal satisfied the relevant jurisdictional matters, including permissibility and development standards under Kogarah Local Environmental Plan 2012 and relevant provisions of SEPP 65, SEPP 55, BASIX and the Infrastructure SEPP. The key planning issues had been resolved to the satisfaction of the parties in the amended plans, and the agreed decision was one the Court could have made in the proper exercise of its functions. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
20 June 2019
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application No Da2018/0303 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Between the Parties and Final Orders
Outcome
Appeal upheld; development application approved subject to conditions; Applicant ordered to pay Respondent's costs of $9,000.
Legal Topics
['development Application' 'deemed Refusal' 'conciliation Conference' 'residential Flat Building' 'conditions of Consent' 'costs']
['planning and Environment' 'development Consent'] ['development Application' 'deemed Refusal' 'conciliation Conference' 'residential Flat Building' 'conditions of Consent' 'costs']

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application No Da2018/0303 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Between the Parties and Final Orders

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the amended development application satisfied relevant jurisdictional prerequisites and planning controls.' 'Whether development consent should be granted for demolition of existing structures and construction of 3 detached buildings collectively containing 40 x 2 bedroom apartments and 2 levels of basement parking at 513 Princes Highway, Blakehurst.']

Ratio Decidendi

The amended proposal satisfied the relevant jurisdictional matters, including permissibility and development standards under Kogarah Local Environmental Plan 2012 and relevant provisions of SEPP 65, SEPP 55, BASIX and the Infrastructure SEPP. The key planning issues had been resolved to the satisfaction of the parties in the amended plans, and the agreed decision was one the Court could have made in the proper exercise of its functions. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld; development application approved subject to conditions; Applicant ordered to pay Respondent's costs of $9,000.

Orders

  • ['The Applicant is granted leave to rely upon the plans, drawings and material listed in Annexure A, attached at Annexure B and referred to in the conditions of consent at Annexure C.' "The Applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in...