Chapter and Co (10) Pty Ltd v Bayside Council [2024] NSWLEC 1438

Chapter and Co (10) Pty Ltd v Bayside Council [2024] NSWLEC 1438

Because the parties had reached agreement and the Commissioner was satisfied that the agreed grant of consent to the Amended Development Application was a decision the Court could make in the proper exercise of its functions, including after considering the relevant SEPPs, the Bayside Local Environmental Plan 2021, the Bayside Development Control Plan 2022 and s 4.15 of the Environmental Planning and Assessment Act 1979, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
26 July 2024
Procedural Posture
Class 1 Development Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Final Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; Development Application No DA-2023/184, as amended, determined by grant of consent subject to conditions; applicant ordered to pay respondent's costs thrown away in the amount of $10,500.
Legal Topics
['development Application Appeal' 'deemed Refusal' 'conciliation Conference' 'alterations and Additions to Self Storage Development' 'floor Space Ratio Variation' 'state Environmental Planning Policies' 'costs Thrown Away by Amendment']
['planning and Environment' 'development Consent' 'land Use'] ['development Application Appeal' 'deemed Refusal' 'conciliation Conference' 'alterations and Additions to Self Storage Development' 'floor Space Ratio Variation' 'state Environmental Planning Policies' 'costs Thrown Away by Amendment']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one 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 Development Application No DA-2023/184, as amended, could be approved having regard to the relevant environmental planning instruments and s 4.15 of the Environmental Planning and Assessment Act 1979.' 'Whether the clause 4.6 request for variation of the floor space ratio development standard under the Bayside Local Environmental Plan 2021 should be upheld.' "Whether the applicant should pay the respondent's costs thrown away by reason of amendment of the development application under s 8.15(3) of the Environmental Planning and Assessment Act 1979."]

Ratio Decidendi

Because the parties had reached agreement and the Commissioner was satisfied that the agreed grant of consent to the Amended Development Application was a decision the Court could make in the proper exercise of its functions, including after considering the relevant SEPPs, the Bayside Local Environmental Plan 2021, the Bayside Development Control Plan 2022 and s 4.15 of the Environmental Planning and Assessment Act 1979, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; Development Application No DA-2023/184, as amended, determined by grant of consent subject to conditions; applicant ordered to pay respondent's costs thrown away in the amount of $10,500.

Orders

  • ["The applicant is to pay the respondent's costs thrown away by reason of the amendment of Development Application No DA-2023/184 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $10,500." 'The appeal is upheld.' 'Development Application No DA-2023/184, lodged on 14 July...