ELK Designs Newcastle Pty Ltd v Wingecarribee Shire Council [2023] NSWLEC 1088

ELK Designs Newcastle Pty Ltd v Wingecarribee Shire Council [2023] NSWLEC 1088

Because the parties reached agreement to grant development consent subject to conditions, the amended plans resolved the contentions, relevant jurisdictional prerequisites were satisfied, and the proposed decision was one the Court could make 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 the parties' agreement.

Jurisdiction
Australia
Judgment Date
01 March 2023
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. DA 22/0548 / Orders Made Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld and development consent granted subject to conditions; Applicant to pay Respondent's costs thrown away as agreed or assessed.
Legal Topics
['development Application Appeal' 'multi Dwelling Housing Development' 'amended Plans' 'conciliation Conference' 'consent Orders' 'costs Thrown Away']
['planning and Environment Law' 'development Consent' 'land and Environment Court Proceedings'] ['development Application Appeal' 'multi Dwelling Housing Development' 'amended Plans' 'conciliation Conference' 'consent Orders' 'costs Thrown Away']

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 Development Application No. DA 22/0548 / Orders Made Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court could grant development 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 relevant jurisdictional prerequisites for granting development consent were satisfied.' "Whether the proceedings should be disposed of in accordance with the parties' agreement."]

Ratio Decidendi

Because the parties reached agreement to grant development consent subject to conditions, the amended plans resolved the contentions, relevant jurisdictional prerequisites were satisfied, and the proposed decision was one the Court could make 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 the parties' agreement.

Court Disposition

Appeal upheld and development consent granted subject to conditions; Applicant to pay Respondent's costs thrown away as agreed or assessed.

Orders

  • ["The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the Development Application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount as agreed or assessed." 'The Appeal is upheld.' 'Development Application No. DA-22/0548 for the...