Edmiston Jones Pty Ltd v Wollongong City Council [2022] NSWLEC 1308

Edmiston Jones Pty Ltd v Wollongong City Council [2022] NSWLEC 1308

Because the parties reached agreement after a s 34 conciliation conference and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions, including by reference to owner consent, integrated development requirements, contamination, BASIX, zoning permissibility, applicable development standards, heritage, acid sulfate soils, geotechnical and stormwater matters, design excellence, and consideration of submissions, the proceedings were disposed of by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
17 June 2022
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 S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'dual Occupancy Development' 'amended Plans' 'conciliation Agreement' 'development Consent' 'integrated Development' 'heritage Impact' 'acid Sulfate Soils' 'design Excellence']
['planning and Environment Law'] ['development Application' 'dual Occupancy Development' 'amended Plans' 'conciliation Agreement' 'development Consent' 'integrated Development' 'heritage Impact' 'acid Sulfate Soils' 'design Excellence']

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

Legal Issues

  1. 1 ['Whether leave should be granted for the Applicant to amend the Class 1 application to rely on further and amended material.' "Whether the Court could dispose of the proceedings in accordance with the parties' agreement reached at conciliation under s 34 of the Land and Environment Court Act 1979." 'Whether development consent should be granted to DA 2019/980, as amended, for demolition, construction of a four-storey dual occupancy development with basement levels and strata title subdivision.']

Ratio Decidendi

Because the parties reached agreement after a s 34 conciliation conference and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions, including by reference to owner consent, integrated development requirements, contamination, BASIX, zoning permissibility, applicable development standards, heritage, acid sulfate soils, geotechnical and stormwater matters, design excellence, and consideration of submissions, the proceedings were disposed of by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['Leave is granted for the Applicant to amend the Class 1 application to rely on the further and amended material comprising the amended documents listed in "Part D" of the index annexed and marked "Annexure A".' 'The appeal is upheld.' 'Development consent is granted to development application DA 2019/980, as...