Fernside Developments Pty Ltd v Canterbury-Bankstown Council [2020] NSWLEC 1026

Fernside Developments Pty Ltd v Canterbury-Bankstown Council [2020] NSWLEC 1026

Because the parties reached agreement after a conciliation conference, the amended plans addressed the Council's contentions, and there were no outstanding jurisdictional prerequisites to granting consent, the agreed decision was one the Court could make in the proper exercise of its functions and the appeal was upheld with development consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
17 January 2020
Procedural Posture
Class 1 Appeal Against Deemed Refusal of a Development Application / Final Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'residential Flat Building' 'conciliation Conference' 'consent Orders']
['planning and Environment' 'land and Environment Court Procedure'] ['development Application' 'deemed Refusal Appeal' 'residential Flat Building' 'conciliation Conference' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of a Development Application / Final Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement reached at conciliation under s 34 of the Land and Environment Court Act 1979." 'Whether the Court could grant consent to the amended development application subject to conditions in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached agreement after a conciliation conference, the amended plans addressed the Council's contentions, and there were no outstanding jurisdictional prerequisites to granting consent, the agreed decision was one the Court could make in the proper exercise of its functions and the appeal was upheld with development consent granted subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The Appeal in proceedings no 2019/00150611 is upheld.' 'Development application DA-552/2018 is approved, subject to the conditions in Annexure "A".' 'Pursuant to UCPR 36.17, by consent of the parties, the orders of 17 January 2020 were amended so that the date identified in Drawing No.4 Detail and Specification...