GG PV Ballina Pty Ltd v Liverpool City Council [2023] NSWLEC 1387

GG PV Ballina Pty Ltd v Liverpool City Council [2023] NSWLEC 1387

Because the parties reached an agreement to grant development consent subject to conditions, relevant jurisdictional prerequisites were identified as satisfied, the proposed multi dwelling housing was permissible with consent and compliant or otherwise satisfactory under the identified planning controls, and there was no jurisdictional impediment, the agreed decision was one the Court could make 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 agreement.

Jurisdiction
Australia
Judgment Date
21 July 2023
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Actual Refusal of Development Application DA 940/2018 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and Development Application No DA 940/2018 is determined by the granting of development consent, subject to conditions.
Legal Topics
['development Application' 'multi Dwelling Housing' 'affordable Rental Housing' 'conciliation Conference' 'development Consent' 'amended Plans']
['planning and Environment Law'] ['development Application' 'multi Dwelling Housing' 'affordable Rental Housing' 'conciliation Conference' 'development Consent' 'amended Plans']

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Actual Refusal of Development Application DA 940/2018 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court should grant leave to amend Development Application DA-940/2018 in accordance with amended stormwater plans and documentation.' "Whether the parties' agreed decision to grant development consent, subject to conditions, 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 relevant jurisdictional prerequisites and applicable planning controls were satisfied.']

Ratio Decidendi

Because the parties reached an agreement to grant development consent subject to conditions, relevant jurisdictional prerequisites were identified as satisfied, the proposed multi dwelling housing was permissible with consent and compliant or otherwise satisfactory under the identified planning controls, and there was no jurisdictional impediment, the agreed decision was one the Court could make 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 agreement.

Court Disposition

The appeal is upheld and Development Application No DA 940/2018 is determined by the granting of development consent, subject to conditions.

Orders

  • ['Leave is granted to amend the Development Application DA-940/2018, lodged on 19 December 2018, in accordance with the Stormwater Drainage Plans prepared by Boro Seizov of Henry and Hymas dated 17 March 2023 (Issue 01) and the Stormwater Strategy Letter prepared by Boro Seizov of Henry and Hymas dated 25 May 2023.'...