Wensco Pty Limited v Central Coast Council [2019] NSWLEC 1044

Wensco Pty Limited v Central Coast Council [2019] NSWLEC 1044

Because the parties' agreed decision to uphold the appeal and grant development consent subject to conditions was one the Court could have made in the proper exercise of its functions, including after consideration of the identified jurisdictional prerequisites, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
01 February 2019
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da/1444/2017 / 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 application approved subject to conditions.
Legal Topics
['development Application Appeal' 'development Consent' 'conciliation Conference' 'jurisdictional Prerequisites' 'coastal Protection' 'remediation of Land' 'local Environmental Plan Zoning Objectives']
['environmental Planning and Assessment' 'land and Environment Court Proceedings'] ['development Application Appeal' 'development Consent' 'conciliation Conference' 'jurisdictional Prerequisites' 'coastal Protection' 'remediation of Land' 'local Environmental Plan Zoning Objectives']

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da/1444/2017 / 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 parties' agreed decision was a decision 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 Court could grant development consent to DA/1444/2017 under s 4.16 of the Environmental Planning and Assessment Act 1979 having regard to identified jurisdictional prerequisites.']

Ratio Decidendi

Because the parties' agreed decision to uphold the appeal and grant development consent subject to conditions was one the Court could have made in the proper exercise of its functions, including after consideration of the identified jurisdictional prerequisites, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['Leave is granted to the Applicants to rely upon the amended plans listed in Condition 1 at Annexure "A".' 'The Appeal is upheld.' 'Development Application DA No/1444/2017 for alterations and additions to an existing office building at 5 Pioneer Avenue Tuggerah, Lot 303 DP 1007368, is approved subject to the...