BPG Holdings (NSW) Pty Ltd v Northern Beaches Council [2024] NSWLEC 1046

BPG Holdings (NSW) Pty Ltd v Northern Beaches Council [2024] NSWLEC 1046

The Court was satisfied, based on the evidence, site observations, the agreed Jurisdictional Statement, amended plans and agreed conditions, that there were no jurisdictional impediments to granting consent and that the parties' agreement was a decision the Court could have made in the proper exercise of its...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 February 2024
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Da2023/0045 / Section 34 Conciliation Conference; Agreement Between the Parties; Final Orders
Outcome
Appeal upheld; development consent granted to DA2023/0045 as amended, subject to conditions; Applicant ordered to pay Respondent's agreed costs of $10,000 within 21 days.
Legal Topics
['development Appeal' 'seniors Living Development' 'development Consent' 'conciliation Conference' 'amended Development Application' 'costs Thrown Away']
['planning and Environment Law'] ['development Appeal' 'seniors Living Development' 'development Consent' 'conciliation Conference' 'amended Development Application' 'costs Thrown Away']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Da2023/0045 / Section 34 Conciliation Conference; Agreement Between the Parties; Final Orders

Legal Issues

  1. 1 ["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 jurisdictional prerequisites for granting consent under s 4.16(1)(a) of the Environmental Planning and Assessment Act 1979 were satisfied.' 'Whether the amended development application for a 3 storey seniors living development at 36 Bardo Road, Newport should be determined by grant of consent subject to conditions.' "Whether the Applicant should pay the Respondent's costs thrown away as a result of the amendment under s 8.15(3) of the Environmental Planning and Assessment Act 1979."]

Ratio Decidendi

The Court was satisfied, based on the evidence, site observations, the agreed Jurisdictional Statement, amended plans and agreed conditions, that there were no jurisdictional impediments to granting consent and that the parties' agreement was a decision the Court could have made in the proper exercise of its functions. Section 34(3) of the Land and Environment Court Act 1979 therefore required the proceedings to be disposed of in accordance with the parties' agreement.

Court Disposition

Appeal upheld; development consent granted to DA2023/0045 as amended, subject to conditions; Applicant ordered to pay Respondent's agreed costs of $10,000 within 21 days.

Orders

  • ['The appeal is upheld.' "The Applicant is to pay the Respondent's costs in the agreed amount of $10,000 payable within 21 days of the date of these orders as a result of the amendment in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979." 'Development application DA2023/0045, as...