Dart West Developments Pty Ltd v Camden Council [2019] NSWLEC 1251

Dart West Developments Pty Ltd v Camden Council [2019] NSWLEC 1251

The Court was satisfied that the relevant jurisdictional pre-requisites had been met, including permissibility within Zone B1 Neighbourhood Centre, public utility infrastructure, special area development control plan requirements, contamination considerations, signage assessment criteria, and hazardous and offensive development requirements. Because 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 that agreement.

Jurisdiction
Australia
Judgment Date
06 June 2019
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Orders Made by Agreement Under S 34(3)
Outcome
Appeal upheld; Development Application No. DA/2017/1442/1, as amended, approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'service Station/convenience Store' 'development Consent' 'jurisdictional Pre Requisites' 'advertising and Signage' 'remediation of Land' 'hazardous and Offensive Development']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'service Station/convenience Store' 'development Consent' 'jurisdictional Pre Requisites' 'advertising and Signage' 'remediation of Land' 'hazardous and Offensive Development']

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Orders Made by Agreement Under S 34(3)

Legal Issues

  1. 1 ["Whether the parties' agreement reached at the conciliation conference 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 pre-requisites for granting development consent to DA/2017/1442/1 had been met.']

Ratio Decidendi

The Court was satisfied that the relevant jurisdictional pre-requisites had been met, including permissibility within Zone B1 Neighbourhood Centre, public utility infrastructure, special area development control plan requirements, contamination considerations, signage assessment criteria, and hazardous and offensive development requirements. Because 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 that agreement.

Court Disposition

Appeal upheld; Development Application No. DA/2017/1442/1, as amended, approved subject to conditions.

Orders

  • ['The Applicant is granted leave to rely upon further additional plans identified as Electrical Services Exterior Lighting Obtrusive Light Analysis, prepared by Rubidium Light, dated 7 May 2019.' 'The Applicant is granted leave to amend the development application with respect of the proposed hours of operation,...