Fourways Motors (Bankstown) Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1173

Fourways Motors (Bankstown) Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1173

The Court was satisfied that all jurisdictional prerequisites for granting consent had been met, that the amended proposed development was acceptable having regard to the relevant environmental planning instruments and s 4.15(1) of the Environmental Planning and Assessment Act 1979, and that the parties' 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' agreement.

Jurisdiction
Australia
Judgment Date
14 April 2023
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application Da22/0752 / Orders Made Following a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions; Applicant ordered to pay agreed costs thrown away.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'childcare Centre' 'conditions of Consent' 'costs Thrown Away']
['planning and Environment' 'development Consent'] ['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'childcare Centre' 'conditions of Consent' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application Da22/0752 / Orders Made Following a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the jurisdictional prerequisites for granting consent to the amended development application were satisfied.' 'Whether development consent should be granted for demolition of existing structures and construction of a childcare centre with basement parking at 137-139 Loftus Avenue, Loftus.']

Ratio Decidendi

The Court was satisfied that all jurisdictional prerequisites for granting consent had been met, that the amended proposed development was acceptable having regard to the relevant environmental planning instruments and s 4.15(1) of the Environmental Planning and Assessment Act 1979, and that the parties' 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' agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions; Applicant ordered to pay agreed costs thrown away.

Orders

  • ['The Applicant is to pay the Respondents costs thrown away pursuant to s 8.15(3) of the Environmental Planning & Assessment Act 1979 in the agreed amount of $5,000.' 'The appeal is upheld.' "Development application No. DA22/0752, seeking consent for the demolition for existing structures and construction of a...