EMCON Group Pty Ltd v Randwick City Council [2023] NSWLEC 1324

EMCON Group Pty Ltd v Randwick City Council [2023] NSWLEC 1324

Because the relevant jurisdictional prerequisites and planning controls had been considered and satisfied, and because the parties' agreed decision to grant consent to the amended development application subject to conditions was a decision the Court could have made 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 that agreement.

Jurisdiction
Australia
Judgment Date
23 June 2023
Procedural Posture
Class 1 Development Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Final Orders Following S 34 Conciliation Conference Agreement
Outcome
Appeal upheld; development consent granted subject to conditions; Applicant to pay Respondent's costs thrown away by the amendment as agreed or assessed.
Legal Topics
['development Application Appeal' 'section 34 Conciliation Conference' 'residential Flat Building' 'affordable Housing' 'jurisdictional Prerequisites for Consent' 'costs Thrown Away by Amendment']
['planning and Environment' 'development Consent'] ['development Application Appeal' 'section 34 Conciliation Conference' 'residential Flat Building' 'affordable Housing' 'jurisdictional Prerequisites for Consent' 'costs Thrown Away by Amendment']

Case Brief

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Procedural Posture

Class 1 Development Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Final Orders Following S 34 Conciliation Conference Agreement

Legal Issues

  1. 1 ["Whether the parties' agreed decision to grant consent to the amended development application 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 jurisdictional prerequisites for granting development consent to the proposed development were satisfied.' "Whether the Applicant should pay the Respondent's costs thrown away by reason of the amendment of Development Application No DA/513/2022."]

Ratio Decidendi

Because the relevant jurisdictional prerequisites and planning controls had been considered and satisfied, and because the parties' agreed decision to grant consent to the amended development application subject to conditions was a decision the Court could have made 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 that agreement.

Court Disposition

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

Orders

  • ["The Applicant is to pay the Respondent's costs thrown away by reason of the amendment of Development Application No DA/513/2022 pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed." 'The appeal is upheld.' 'Development Application No DA/513/2022 for demolition...