Elite International Development Pty Ltd v Blacktown City Council [2020] NSWLEC 1022

Elite International Development Pty Ltd v Blacktown City Council [2020] NSWLEC 1022

Because the parties reached agreement on orders granting consent subject to conditions, the proposed development was not integrated development requiring approval under the Water Management Act 2000, and all other jurisdictional prerequisites were confirmed as satisfied, the agreed decision was one the Court could have made in the proper exercise of its functions. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' decision.

Jurisdiction
Australia
Judgment Date
30 January 2020
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application / Section 34 Conciliation Conference; Orders by Agreement
Outcome
Appeal upheld; Development Application DA-18-02454 approved subject to conditions in Annexure A; Applicant to pay Respondent's costs as agreed or assessed.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'integrated Development' 'subdivision Consent' 'costs']
['environmental and Planning Law' 'land and Environment Court Proceedings'] ['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'integrated Development' 'subdivision Consent' 'costs']

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 Against Deemed Refusal of Development Application / Section 34 Conciliation Conference; Orders by Agreement

Legal Issues

  1. 1 ["Whether the parties' agreed decision to uphold the appeal and grant consent to Development Application DA-18-02454 subject to conditions was a decision 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 the proposed development was integrated development requiring approval under the Water Management Act 2000.' 'Whether jurisdictional prerequisites under relevant environmental planning instruments had been satisfied.']

Ratio Decidendi

Because the parties reached agreement on orders granting consent subject to conditions, the proposed development was not integrated development requiring approval under the Water Management Act 2000, and all other jurisdictional prerequisites were confirmed as satisfied, the agreed decision was one the Court could have made in the proper exercise of its functions. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' decision.

Court Disposition

Appeal upheld; Development Application DA-18-02454 approved subject to conditions in Annexure A; Applicant to pay Respondent's costs as agreed or assessed.

Orders

  • ['Leave is granted to the Applicant to rely on the amended plans as set out in conditions 2.1.1 of Annexure "A".' "The Applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed." 'The appeal is upheld.' 'Development Application...