Sassine v Blacktown City Council [2022] NSWLEC 1730

Sassine v Blacktown City Council [2022] NSWLEC 1730

The Court was satisfied that the amended proposed boarding house development was permissible, complied with or adequately addressed the relevant planning controls and jurisdictional prerequisites, and was acceptable having regard to s 4.15(1) of the Environmental Planning and Assessment Act 1979. Because the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 December 2022
Procedural Posture
Class 1 Development Appeal Against Refusal of Development Application DA 21 0071 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Principal Judgment Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions; Applicant ordered to pay Respondent's costs thrown away by amendments as agreed or assessed.
Legal Topics
['development Application for Boarding House' 'section 34 Conciliation Conference' 'jurisdictional Prerequisites for Development Consent' 'affordable Rental Housing Controls' 'costs Thrown Away by Amendments']
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['development Application for Boarding House' 'section 34 Conciliation Conference' 'jurisdictional Prerequisites for Development Consent' 'affordable Rental Housing Controls' 'costs Thrown Away by Amendments']

Source-derived case record

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Procedural Posture

Class 1 Development Appeal Against Refusal of Development Application DA 21 0071 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Principal Judgment Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreement to uphold the appeal and grant development consent was a decision 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 jurisdictional prerequisites under relevant environmental planning instruments and the Environmental Planning and Assessment Act 1979 were satisfied for the amended boarding house development.' 'Whether the proposed development was acceptable having regard to s 4.15(1) of the Environmental Planning and Assessment Act 1979, including objector submissions.']

Ratio Decidendi

The Court was satisfied that the amended proposed boarding house development was permissible, complied with or adequately addressed the relevant planning controls and jurisdictional prerequisites, and was acceptable having regard to s 4.15(1) of the Environmental Planning and Assessment Act 1979. Because the parties' agreement to uphold the appeal and grant consent 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 that agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions; Applicant ordered to pay Respondent's costs thrown away by amendments as agreed or assessed.

Orders

  • ["The Applicant is to pay the Respondent's costs that have been thrown away as a result of the amendments of the application for development consent under section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed." 'The appeal is upheld.' "Development consent is granted to...