Brass Homes Pty Limited v Ku-ring-gai Council [2018] NSWLEC 1580

Brass Homes Pty Limited v Ku-ring-gai Council [2018] NSWLEC 1580

The Commissioner was satisfied that the parties' agreed decision was one the Court could make in the proper exercise of its functions because seniors living was permissible with development consent under cl 15 of the SEPP HSPD and the application demonstrated a suitable access pathway to a public transport bus stop as required by cl 26; accordingly, s 34(3) required the proceedings to be disposed of in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
02 November 2018
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application No. Da0415/16 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; applicant granted leave to amend the development application; applicant ordered to pay respondent's costs.
Legal Topics
['development Application' 'seniors Living' 'conciliation Conference' 'development Consent' 'deemed Refusal']
['planning and Environment Law'] ['development Application' 'seniors Living' 'conciliation Conference' 'development Consent' 'deemed Refusal']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application No. Da0415/16 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 was a decision the Court could make in the proper exercise of its functions." 'Whether seniors living was permissible with development consent under cl 15 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.' 'Whether the application demonstrated a suitable access pathway to a public transport service as required by cl 26 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.']

Ratio Decidendi

The Commissioner was satisfied that the parties' agreed decision was one the Court could make in the proper exercise of its functions because seniors living was permissible with development consent under cl 15 of the SEPP HSPD and the application demonstrated a suitable access pathway to a public transport bus stop as required by cl 26; accordingly, s 34(3) required the proceedings to be disposed of in accordance with the agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant granted leave to amend the development application; applicant ordered to pay respondent's costs.

Orders

  • ['The Applicant is granted leave to amend the development application by substituting the plans and documentation identified in the orders as the plans and documentation relied upon for the purpose of the development application.' "Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979...