Double Arts Properties Pty Ltd v Northern Beaches Council [2023] NSWLEC 1003

Double Arts Properties Pty Ltd v Northern Beaches Council [2023] NSWLEC 1003

Because the parties reached an agreement to uphold the appeal and grant consent to the amended development application, and the Commissioner was satisfied that all jurisdictional prerequisites and relevant planning considerations had been addressed and that the agreed decision was one the Court could have made in the proper exercise of its functions, 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 agreement.

Jurisdiction
Australia
Judgment Date
06 January 2023
Procedural Posture
Class 1 Appeal Against Refusal of Development Application No Da2022/0492 / Orders Following S 34 Conciliation Conference Agreement
Outcome
Appeal upheld; Development Application No DA2022/0492 approved subject to conditions of consent; Applicant ordered to pay thrown away costs of $3,500.
Legal Topics
['development Application Appeal' 'centre Based Child Care Facility' 'conciliation Conference' 'contaminated Land Remediation' 'tree Removal' 'classified Road Access and Traffic Impacts' 'local Environmental Plan Controls' 'conditions of Consent']
['planning and Environment' 'development Consent' 'land and Environment Court Procedure'] ['development Application Appeal' 'centre Based Child Care Facility' 'conciliation Conference' 'contaminated Land Remediation' 'tree Removal' 'classified Road Access and Traffic Impacts' 'local Environmental Plan Controls' 'conditions of Consent']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application No Da2022/0492 / Orders Following S 34 Conciliation Conference Agreement

Legal Issues

  1. 1 ['Whether the Court could grant consent to the amended development application in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether the jurisdictional prerequisites and relevant planning controls under the Environmental Planning and Assessment Act 1979 and applicable environmental planning instruments were satisfied.' 'Whether the amended development application was acceptable having regard to objector submissions concerning acoustic and visual impacts, soil and retaining wall stability, and traffic and pedestrian impacts.']

Ratio Decidendi

Because the parties reached an agreement to uphold the appeal and grant consent to the amended development application, and the Commissioner was satisfied that all jurisdictional prerequisites and relevant planning considerations had been addressed and that the agreed decision was one the Court could have made in the proper exercise of its functions, 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 agreement.

Court Disposition

Appeal upheld; Development Application No DA2022/0492 approved subject to conditions of consent; Applicant ordered to pay thrown away costs of $3,500.

Orders

  • ['Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay the costs of the Respondent that are thrown away as a result of the Court allowing the Applicant to file the Amended Development Application, in the amount of $3,500.' 'The appeal is upheld.' 'Development...