Lombardi v Georges River Council [2023] NSWLEC 1451

Lombardi v Georges River Council [2023] NSWLEC 1451

Because the amended plans and documentation addressed the Council's contentions, the Council had agreed to the amendments, the proposed boarding house was permissible with consent under the applicable planning controls, and the Court was satisfied there was no jurisdictional impediment to granting consent, the agreed decision was one the Court could have made in the proper exercise of its functions; s 34(3) therefore required the Court to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
15 August 2023
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's costs thrown away as a result of amendment of the Development Application as agreed or assessed.
Legal Topics
['development Appeal' 'development Consent' 'alterations and Additions' 'change of Use to Boarding House' 'conciliation Conference' 'jurisdictional Prerequisites' 'costs Thrown Away']
['planning and Environment Law'] ['development Appeal' 'development Consent' 'alterations and Additions' 'change of Use to Boarding House' 'conciliation Conference' 'jurisdictional Prerequisites' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether there was any jurisdictional impediment to granting development consent to the amended Development Application.' 'Whether the amended proposal was permissible with consent and satisfied relevant statutory planning controls.']

Ratio Decidendi

Because the amended plans and documentation addressed the Council's contentions, the Council had agreed to the amendments, the proposed boarding house was permissible with consent under the applicable planning controls, and the Court was satisfied there was no jurisdictional impediment to granting consent, the agreed decision was one the Court could have made in the proper exercise of its functions; s 34(3) therefore required the Court to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's costs thrown away as a result of amendment of the Development Application as agreed or assessed.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to Development Application No DA2021/0361 for alterations and additions to existing dwelling house and change of use into 8 room boarding house at 50 Lily Street, Hurstville known as Lot 56 in DP 557673, subject to the conditions of consent in Annexure A.'...