Feros Group Developments Pty Ltd v Blue Mountains City Council [2021] NSWLEC 1403

Feros Group Developments Pty Ltd v Blue Mountains City Council [2021] NSWLEC 1403

The Court was satisfied, after considering the relevant jurisdictional matters and the parties' agreement, that the agreed decision to uphold the appeal and grant development consent subject to conditions was a decision the Court could have made in the proper exercise of its functions; accordingly, s 34(3) required the Court to dispose of the proceedings in accordance with that decision.

Jurisdiction
Australia
Judgment Date
12 July 2021
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. X/846/2019 / Principal Judgment Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; amended development application approved subject to conditions of consent.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'seniors Housing Development' 'integrated Development' 'bush Fire Prone Land' 'basix' 'remediation of Land' 'classified Road Access' 'stormwater Management' 'essential Services']
['planning and Environment' 'development Consent' 'land and Environment Court Procedure'] ['development Application Appeal' 'conciliation Conference' 'seniors Housing Development' 'integrated Development' 'bush Fire Prone Land' 'basix' 'remediation of Land' 'classified Road Access' 'stormwater Management' 'essential Services']

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. X/846/2019 / Principal Judgment Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision that 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 development consent could be granted under s 4.16 of the Environmental Planning and Assessment Act 1979 for the amended development application subject to conditions.' 'Whether relevant jurisdictional matters, including integrated development, SEPP 55, BASIX, Infrastructure SEPP, Blue Mountains Local Environmental Plan 2015, and submissions under s 4.15(1)(d), had been addressed.']

Ratio Decidendi

The Court was satisfied, after considering the relevant jurisdictional matters and the parties' agreement, that the agreed decision to uphold the appeal and grant development consent subject to conditions was a decision the Court could have made in the proper exercise of its functions; accordingly, s 34(3) required the Court to dispose of the proceedings in accordance with that decision.

Court Disposition

Appeal upheld; amended development application approved subject to conditions of consent.

Orders

  • ['The applicant is granted leave to rely on the amended plans set out in Annexure A.' "The applicant is to pay the respondent's costs that have been thrown away as a result of the amendment of the application for development consent under section 8.15(3) of the Environmental Planning and Assessment Act 1979, as...