Natale and Greenhalgh v The Council of the City of Sydney [2022] NSWLEC 1556

Natale and Greenhalgh v The Council of the City of Sydney [2022] NSWLEC 1556

Because the amended proposal satisfied the identified jurisdictional prerequisites and the parties' agreed decision was one 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 the parties' agreement by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
13 October 2022
Procedural Posture
Class 1 Development Appeal Against Deemed Refusal of Development Application No. D/2021/1326 / Orders Following Conciliation Conference and S 34 Agreement
Outcome
Appeal upheld and development consent granted subject to conditions; Applicants ordered to pay Respondent's costs thrown away agreed at $5,000.
Legal Topics
['development Consent' 'development Appeal' 'conciliation Conference' 'shop Top Housing' 'commercial Premises' 'heritage Conservation Area' 'contaminated Land' 'basix' 'costs Thrown Away']
['planning and Environment Law'] ['development Consent' 'development Appeal' 'conciliation Conference' 'shop Top Housing' 'commercial Premises' 'heritage Conservation Area' 'contaminated Land' 'basix' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Appeal Against Deemed Refusal of Development Application No. D/2021/1326 / Orders Following Conciliation Conference and S 34 Agreement

Legal Issues

  1. 1 ["Whether the parties' decision to uphold the appeal and grant development consent subject to conditions 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 the Sydney Local Environmental Plan 2012, State Environmental Planning Policy (Resilience and Hazards) 2021 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 were satisfied before consent could be granted.']

Ratio Decidendi

Because the amended proposal satisfied the identified jurisdictional prerequisites and the parties' agreed decision was one 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 the parties' agreement by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld and development consent granted subject to conditions; Applicants ordered to pay Respondent's costs thrown away agreed at $5,000.

Orders

  • ['The appeal is upheld.' "Development consent is granted to Development Application No. D/2021/1326 for the partial demolition of the existing building, substantial alterations and additions to the existing building to accommodate commercial office tenancies, construction of a three-storey addition for residential...