King v Woollahra Municipal Council [2019] NSWLEC 1347

King v Woollahra Municipal Council [2019] NSWLEC 1347

Because the parties' 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, after relevant jurisdictional matters concerning contamination, remediation, heritage and public submissions were addressed, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that decision.

Jurisdiction
Australia
Judgment Date
24 July 2019
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders Made Following a Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; Development Application No. 478/2016 approved subject to conditions of consent at Annexure A; no costs payable under s 8.15(3) of the Environmental Planning and Assessment Act 1979.
Legal Topics
['development Application Refusal Appeal' 'conciliation Conference' 'agreement Between the Parties' 'site Remediation' 'attached Residential Dwellings' 'heritage Conservation Area' 'conditions of Consent' 'costs']
['environmental Planning and Assessment' 'land and Environment Court Proceedings'] ['development Application Refusal Appeal' 'conciliation Conference' 'agreement Between the Parties' 'site Remediation' 'attached Residential Dwellings' 'heritage Conservation Area' 'conditions of Consent' 'costs']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders Made Following a Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision 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 jurisdictional pre-requisites for granting development consent under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied, including contamination, remediation, heritage and public submissions.' 'Whether costs were payable under s 8.15(3) of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

Because the parties' 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, after relevant jurisdictional matters concerning contamination, remediation, heritage and public submissions were addressed, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that decision.

Court Disposition

Appeal upheld; Development Application No. 478/2016 approved subject to conditions of consent at Annexure A; no costs payable under s 8.15(3) of the Environmental Planning and Assessment Act 1979.

Orders

  • ['The Applicant is granted leave to rely on the amended plans referred to in condition A.3 of the Conditions at Annexure A to these orders.' 'No costs are payable under s 8.15(3) of the Environmental Planning and Assessment Act 1979 as the amendments are minor.' 'The Appeal is upheld.' 'Development Application No....