Domitian (Aust) Pty Ltd v Camden Council [2023] NSWLEC 1394

Domitian (Aust) Pty Ltd v Camden Council [2023] NSWLEC 1394

Because the parties had reached agreement and the Court was satisfied that the amended development application satisfied the identified jurisdictional prerequisites, the agreed 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; s 34(3) of the Land and Environment Court Act 1979 therefore required the Court to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
26 July 2023
Procedural Posture
Class 1 Development Appeal Pursuant to Ss 8.7 and 8.11 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application No Da/2022/686/1 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Orders by Agreement
Outcome
Appeal upheld; development consent granted to the amended development application subject to conditions; Applicant to pay Respondent's costs thrown away as a result of the amendments in a sum to be agreed or assessed.
Legal Topics
['centre Based Child Care Facility' 'conciliation Conference' 'integrated Development' 'jurisdictional Prerequisites' 'development Application Amendment' 'costs Thrown Away']
['planning and Environment Law' 'development Consent'] ['centre Based Child Care Facility' 'conciliation Conference' 'integrated Development' 'jurisdictional Prerequisites' 'development Application Amendment' 'costs Thrown Away']

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 Development Appeal Pursuant to Ss 8.7 and 8.11 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application No Da/2022/686/1 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Orders by Agreement

Legal Issues

  1. 1 ["Whether the parties' agreed decision to uphold the appeal and grant development consent to the amended development application was a decision that 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 the jurisdictional prerequisites for granting development consent to the amended development application were satisfied.' "Whether the Applicant should pay the Respondent's costs thrown away as a result of amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979."]

Ratio Decidendi

Because the parties had reached agreement and the Court was satisfied that the amended development application satisfied the identified jurisdictional prerequisites, the agreed 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; s 34(3) of the Land and Environment Court Act 1979 therefore required the Court to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted to the amended development application subject to conditions; Applicant to pay Respondent's costs thrown away as a result of the amendments in a sum to be agreed or assessed.

Orders

  • ["The Applicant is to pay the Respondent's costs thrown away as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in a sum to be agreed or assessed." 'The Appeal is upheld.' 'Development Application No DA/2022/686/1, as amended, for the construction of a 130...