Serafin v Griffith City Council [2024] NSWLEC 1758

Serafin v Griffith City Council [2024] NSWLEC 1758

A final agreement between the parties was reached at a conciliation conference under s 34 of the Land and Environment Court Act 1979. The Court was satisfied that the agreement and resulting orders granting development consent, subject to conditions, were within the Court's statutory powers and complied with all jurisdictional prerequisites. The restriction on title was addressed by the respondent's agreement to its release. No evaluative judgment of contested merits was required due to the parties' agreement.

Parties
Applicant: Darryl Serafin; Respondent: Griffith City Council
Jurisdiction
Australia
Judgment Date
26 November 2024
Procedural Posture
Class 1 Appeal / Final Judgment Following Conciliation Conference
Outcome
Appeal upheld. Development consent granted subject to conditions. Costs order against applicant for amendment-related costs.
Legal Topics
Development Consent, Modification of Development Consent, Vehicular Access, Restriction on Use of Land, Conciliation Conference
Planning and Environment Development Consent Modification of Development Consent Vehicular Access Restriction on Use of Land Conciliation Conference

Case Brief

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Parties

Darryl Serafin

Applicant

Griffith City Council

Respondent

Procedural Posture

Class 1 Appeal / Final Judgment Following Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for amendment to driveway access under DA39/2024.1
  2. 2 Whether consolidated and modified conditions should apply to DA189/2018(3) and DA1/2022(2)
  3. 3 Effect of restriction on title on grant of consent

Ratio Decidendi

A final agreement between the parties was reached at a conciliation conference under s 34 of the Land and Environment Court Act 1979. The Court was satisfied that the agreement and resulting orders granting development consent, subject to conditions, were within the Court's statutory powers and complied with all jurisdictional prerequisites. The restriction on title was addressed by the respondent's agreement to its release. No evaluative judgment of contested merits was required due to the parties' agreement.

Court Disposition

Appeal upheld. Development consent granted subject to conditions. Costs order against applicant for amendment-related costs.

Orders

  • The appeal is upheld.
  • Development consent is granted to Development Application DA39/2024.1 as amended, for alterations to approved driveway access to light industrial and commercial premises on land known as 759 Thorne Road, Griffith NSW 2680, being Lot 1 in DP 1247659, subject to the conditions of consent in Annexure A.