Bulldogs Pty Ltd v Hornsby Shire Council [2019] NSWLEC 1609

Bulldogs Pty Ltd v Hornsby Shire Council [2019] NSWLEC 1609

Because the jurisdictional preconditions identified by the parties were satisfied and the parties' decision was one 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 Court to dispose of the proceedings in accordance with the parties' agreement by upholding the appeal and granting conditional development consent.

Jurisdiction
Australia
Judgment Date
06 December 2019
Procedural Posture
Class 1 Development Application Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal / Orders Following Conciliation Conference and S 34 Agreement
Outcome
Appeal upheld; Development Application DA/1115/2017 approved subject to conditions.
Legal Topics
['development Application' 'housing for Seniors or People With a Disability' 'conciliation Conference' 'agreement Between the Parties' 'deemed Refusal' 'conditional Development Consent' 'jurisdictional Prerequisites' 'costs Thrown Away']
['environmental Planning and Development Law' 'land and Environment Court Class 1 Proceedings'] ['development Application' 'housing for Seniors or People With a Disability' 'conciliation Conference' 'agreement Between the Parties' 'deemed Refusal' 'conditional Development Consent' 'jurisdictional Prerequisites' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal / Orders Following Conciliation Conference and S 34 Agreement

Legal Issues

  1. 1 ["Whether the parties' decision in the s 34 agreement was a decision the Court could have made in the proper exercise of its functions." 'Whether the jurisdictional prerequisites under the State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, State Environmental Planning Policy No 55 – Remediation of Land, and Hornsby Local Environmental Plan 2013 were satisfied.' 'Whether the appeal should be upheld and conditional development consent granted for Development Application DA/1115/2017.']

Ratio Decidendi

Because the jurisdictional preconditions identified by the parties were satisfied and the parties' decision was one 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 Court to dispose of the proceedings in accordance with the parties' agreement by upholding the appeal and granting conditional development consent.

Court Disposition

Appeal upheld; Development Application DA/1115/2017 approved subject to conditions.

Orders

  • ["The Applicant is granted leave to amend the development application and rely on the amended plans referred to in Condition 1 of Annexure 'A'." "The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $12,500.00 within...