Charles David Pty Ltd v Upper Hunter Shire Council [2022] NSWLEC 1701

Charles David Pty Ltd v Upper Hunter Shire Council [2022] NSWLEC 1701

Because the amended development application, supporting documents and agreed conditions addressed the relevant statutory and planning requirements, and there were no jurisdictional impediments to the parties' agreement, the agreed decision to grant consent was one the Court could have made in the proper exercise of its functions and had to be given effect under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
22 December 2022
Procedural Posture
Class 1 Appeal Against Refusal of Development Application DA 163/2017 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Final Orders Made by Consent
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'torrens Title Subdivision' 'residential Subdivision' 'dryland Salinity and Groundwater Management' 'lot Design and Landscaping' 'bushfire Prone Land' 'koala Habitat' 'contamination Assessment' 'classified Road Frontage' 'consent Conditions']
['planning and Environment Law'] ['development Application' 'torrens Title Subdivision' 'residential Subdivision' 'dryland Salinity and Groundwater Management' 'lot Design and Landscaping' 'bushfire Prone Land' 'koala Habitat' 'contamination Assessment' 'classified Road Frontage' 'consent Conditions']

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 Appeal Against Refusal of Development Application DA 163/2017 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Final Orders Made by Consent

Legal Issues

  1. 1 ['Whether the Court could grant consent to the amended Development Application DA 163/2017 in the proper exercise of its functions under the Environmental Planning and Assessment Act 1979.' 'Whether jurisdictional prerequisites concerning bushfire prone land, planning controls, biodiversity, contamination, transport infrastructure, public notification, integrated approvals and landowner consent were satisfied.' "Whether the parties' agreement reached at the conciliation conference should be given effect under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

Because the amended development application, supporting documents and agreed conditions addressed the relevant statutory and planning requirements, and there were no jurisdictional impediments to the parties' agreement, the agreed decision to grant consent was one the Court could have made in the proper exercise of its functions and had to be given effect under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' "Development Application 163/2017, as amended, for a Torrens title 377 lot residential subdivision and associated works on Lot 2 DP 1169320, known as 150 Gundy Road, and part of Lot 2 DP 1237000, Scone is determined by the grant of consent, subject to the conditions in 'Annexure A'."]