Antara Punchbowl Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1237

Antara Punchbowl Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1237

Because the amended development application satisfied the relevant jurisdictional prerequisites, the cl 4.6 request to vary the height of buildings standard was well founded, approval was in the public interest, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement and grant consent subject to conditions.

Jurisdiction
Australia
Judgment Date
07 May 2024
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application DA 476/2022 / Orders Made Following S 34 Conciliation Conferences and Agreement Between the Parties
Outcome
Appeal upheld; cl 4.6 variation request upheld; development consent granted subject to conditions; Applicants ordered jointly and severally to pay $5,000 costs thrown away.
Legal Topics
['development Appeal' 'conciliation Conference' 'clause 4.6 Variation' 'height of Buildings Development Standard' 'mixed Use Development' 'jurisdictional Prerequisites' 'costs Thrown Away After Amendment of Development Application']
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['development Appeal' 'conciliation Conference' 'clause 4.6 Variation' 'height of Buildings Development Standard' 'mixed Use Development' 'jurisdictional Prerequisites' 'costs Thrown Away After Amendment of Development Application']

Case Brief

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application DA 476/2022 / Orders Made Following S 34 Conciliation Conferences and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one that 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 the jurisdictional prerequisites for granting development consent to the amended development application were satisfied.' 'Whether the cl 4.6 written request to vary the height of buildings development standard in cl 4.3 of the Canterbury Local Environmental Plan 2012 was well founded.' 'Whether development consent should be granted to the amended development application subject to conditions.']

Ratio Decidendi

Because the amended development application satisfied the relevant jurisdictional prerequisites, the cl 4.6 request to vary the height of buildings standard was well founded, approval was in the public interest, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement and grant consent subject to conditions.

Court Disposition

Appeal upheld; cl 4.6 variation request upheld; development consent granted subject to conditions; Applicants ordered jointly and severally to pay $5,000 costs thrown away.

Orders

  • ['Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicants jointly and severally are to pay the costs of the Respondent consent authority that have been thrown away as a result of the amendment of the development application, in the amount of $5,000, such amount to be paid within...