Coral Sea Estates Pty Ltd v Hunters Hill Council [2023] NSWLEC 1235

Coral Sea Estates Pty Ltd v Hunters Hill Council [2023] NSWLEC 1235

Because the parties reached agreement under s 34 of the Land and Environment Court Act 1979, the Respondent agreed to the amended development application, and the Court was satisfied that the relevant jurisdictional prerequisites were met, the agreed decision was one the Court could have made in the proper exercise of its functions. The Court was therefore required to dispose of the proceedings in accordance with the parties' decision by upholding the appeal and granting development consent subject to agreed conditions, with the Applicant to pay costs thrown away by reason of the amendment.

Jurisdiction
Australia
Judgment Date
17 May 2023
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Following Deemed Refusal of Development Application Da2022/0114 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Orders Made by Agreement Under S 34
Outcome
Appeal upheld; development consent granted subject to conditions; Applicant ordered to pay Respondent's costs thrown away as agreed or assessed.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'development Consent' 'heritage Conservation' 'acid Sulfate Soils' 'stormwater Management' 'site Contamination' 'business Identification Signage' 'basix' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'development Consent' 'heritage Conservation' 'acid Sulfate Soils' 'stormwater Management' 'site Contamination' 'business Identification Signage' 'basix' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Following Deemed Refusal of Development Application Da2022/0114 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Orders Made by Agreement Under S 34

Legal Issues

  1. 1 ['Whether the Court could grant consent to amended Development Application DA2022/0114 under s 4.16 of the Environmental Planning and Assessment Act 1979.' 'Whether the jurisdictional prerequisites under the relevant environmental planning instruments were satisfied.' "Whether the parties' agreement reached in the s 34 conciliation conference was a decision the Court could have made in the proper exercise of its functions." "Whether the Applicant should pay the Respondent's costs thrown away as a result of amendment of the development application."]

Ratio Decidendi

Because the parties reached agreement under s 34 of the Land and Environment Court Act 1979, the Respondent agreed to the amended development application, and the Court was satisfied that the relevant jurisdictional prerequisites were met, the agreed decision was one the Court could have made in the proper exercise of its functions. The Court was therefore required to dispose of the proceedings in accordance with the parties' decision by upholding the appeal and granting development consent subject to agreed conditions, with the Applicant to pay costs thrown away by reason of the amendment.

Court Disposition

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

Orders

  • ["The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed." 'The appeal is upheld.' 'Development Application DA2022/0114 for the fit out and change of...