Helweh v Canterbury-Bankstown Council [2023] NSWLEC 1743

Helweh v Canterbury-Bankstown Council [2023] NSWLEC 1743

Because the jurisdictional prerequisites identified by the parties were satisfied and the agreed decision to grant consent to the amended development application subject to conditions was a decision 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' decision.

Jurisdiction
Australia
Judgment Date
07 December 2023
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application No DA 1169/2022 / Orders Following Agreement Reached at Conciliation Conferences Under S 34 of the Land and Environment Court Act 1979
Outcome
The appeal was upheld and Development Application No DA-1169/2022 was approved subject to conditions in Annexure A.
Legal Topics
['development Appeal' 'conciliation Conference' 'centre Based Child Care Facility' 'jurisdictional Prerequisites for Development Consent' 'conditions of Consent' 'costs']
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['development Appeal' 'conciliation Conference' 'centre Based Child Care Facility' 'jurisdictional Prerequisites for Development Consent' 'conditions of Consent' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application No DA 1169/2022 / Orders Following Agreement Reached at Conciliation Conferences Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34 of the Land and Environment Court Act 1979 involved a decision that the Court could have made in the proper exercise of its functions." 'Whether the jurisdictional prerequisites for granting consent to the amended development application were satisfied.' 'Whether the appeal should be upheld and development consent granted subject to conditions.']

Ratio Decidendi

Because the jurisdictional prerequisites identified by the parties were satisfied and the agreed decision to grant consent to the amended development application subject to conditions was a decision 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' decision.

Court Disposition

The appeal was upheld and Development Application No DA-1169/2022 was approved subject to conditions in Annexure A.

Orders

  • ["The Applicant is to pay the Respondent's costs pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 agreed in the sum of $3,000 within 28 days." 'The appeal is upheld.' 'Development Application No DA-1169/2022 for the demolition of existing structures and construction of a two storey centre...