Dreric Pty Limited v North Sydney Council [2022] NSWLEC 1005

Dreric Pty Limited v North Sydney Council [2022] NSWLEC 1005

As the amended development application and the terms of agreement satisfy the statutory preconditions for consent—including heritage, planning, sustainability, contamination, and infrastructure controls—the Court is required by s 34(3) of the Land and Environment Court Act 1979 to make orders in accordance with the parties' conciliation agreement and approve the DA subject to agreed conditions.

Jurisdiction
Australia
Judgment Date
06 January 2022
Procedural Posture
Appeal (class 1) / Post Conciliation, Final Orders
Outcome
Appeal upheld, development application approved subject to conditions, costs order made
Legal Topics
['development Applications' 'heritage Conservation' 'conciliation Procedures' 'court Powers on Appeal' 'costs in Planning Proceedings']
['environmental Law' 'planning Law' 'local Government Law'] ['development Applications' 'heritage Conservation' 'conciliation Procedures' 'court Powers on Appeal' 'costs in Planning Proceedings']

Case Brief

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Procedural Posture

Appeal (class 1) / Post Conciliation, Final Orders

Legal Issues

  1. 1 ['Whether the amended development application for alterations and additions to a heritage item and use as a dwelling with medical consulting rooms should be approved under planning and heritage controls' 'Whether the agreement reached at conciliation conference can be approved by the Court under s 34(3) of the Land and Environment Court Act 1979' 'Whether costs are payable after amendment of the DA']

Ratio Decidendi

As the amended development application and the terms of agreement satisfy the statutory preconditions for consent—including heritage, planning, sustainability, contamination, and infrastructure controls—the Court is required by s 34(3) of the Land and Environment Court Act 1979 to make orders in accordance with the parties' conciliation agreement and approve the DA subject to agreed conditions.

Court Disposition

Appeal upheld, development application approved subject to conditions, costs order made

Orders

  • ['The previous costs order of 24 September 2021 is vacated.' "The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as a result of the amendment to the DA." 'The appeal is upheld.' "The heritage management document 'Heritage...