Fredless Investments Pty Ltd v Waverley Council [2020] NSWLEC 1362

Fredless Investments Pty Ltd v Waverley Council [2020] NSWLEC 1362

As the jurisdictional prerequisites have been satisfied and the parties' agreement is a decision the Court could have made, the Court is required to dispose of the proceedings accordingly, upholding the appeal and granting development consent subject to agreed conditions.

Jurisdiction
Australia
Judgment Date
13 August 2020
Procedural Posture
Appeal of Development Application Refusal (class 1) / Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted; leave to amend application; applicant to pay respondent's costs thrown away by amendment.
Legal Topics
['development Applications' 'development Consent' 'appeals' 'conciliation Conference' 'jurisdictional Prerequisites']
['planning Law' 'environmental Law'] ['development Applications' 'development Consent' 'appeals' 'conciliation Conference' 'jurisdictional Prerequisites']

Case Brief

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Procedural Posture

Appeal of Development Application Refusal (class 1) / Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the jurisdictional prerequisites for granting consent under s 4.16 of the Environmental Planning and Assessment Act 1979 are satisfied' "Whether the parties' agreement is a decision the Court could have made under s 34(3) Land and Environment Court Act 1979"]

Ratio Decidendi

As the jurisdictional prerequisites have been satisfied and the parties' agreement is a decision the Court could have made, the Court is required to dispose of the proceedings accordingly, upholding the appeal and granting development consent subject to agreed conditions.

Court Disposition

Appeal upheld; development consent granted; leave to amend application; applicant to pay respondent's costs thrown away by amendment.

Orders

  • ['The Applicant is given leave to amend the development application and rely upon the revised plans and documents in the proceedings referred to in operational Condition 1 in Annexure A.' "The Applicant is to pay the Council's costs thrown away by reason of the amendment under s 8.15(3) of the Environmental Planning...