Edward 9 Pty Ltd v Canterbury-Bankstown Council [2019] NSWLEC 1612

Edward 9 Pty Ltd v Canterbury-Bankstown Council [2019] NSWLEC 1612

Because the parties agreed to a decision upholding the appeal and granting development consent subject to conditions, and because the relevant jurisdictional prerequisites were satisfied so that the Court could have made that decision in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
10 December 2019
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders Made Following Conciliation Conference and Agreement Between the Parties Pursuant to S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld and development consent granted subject to conditions; conditions later amended under the slip rule to add the date of the landscape plan in condition 3.
Legal Topics
['development Consent' 'boarding House Development' 'conciliation Conference' 'agreement Between Parties' 'jurisdictional Prerequisites' 'slip Rule Amendment']
['environmental Planning and Development' 'land and Environment Court Procedure'] ['development Consent' 'boarding House Development' 'conciliation Conference' 'agreement Between Parties' 'jurisdictional Prerequisites' 'slip Rule Amendment']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the Court could make the agreed decision to uphold the appeal and grant development consent in the proper exercise of its functions' 'Whether jurisdictional prerequisites for granting consent to Development Application No DA-179/2018 were satisfied' 'Whether the orders and conditions should be amended under the slip rule to add the date of the landscape plan in condition 3']

Ratio Decidendi

Because the parties agreed to a decision upholding the appeal and granting development consent subject to conditions, and because the relevant jurisdictional prerequisites were satisfied so that the Court could have made that decision in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the agreement.

Court Disposition

Appeal upheld and development consent granted subject to conditions; conditions later amended under the slip rule to add the date of the landscape plan in condition 3.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to Development Application No DA-179/2018 for the demolition of existing structures and the construction of a two storey plus attic, 14 room (including manager\'s room) boarding house accommodating a total of 26 lodgers plus one manager, with one communal...