GMD Campbell Pty Ltd v City of Parramatta Council [2024] NSWLEC 1116

GMD Campbell Pty Ltd v City of Parramatta Council [2024] NSWLEC 1116

Because the relevant jurisdictional prerequisites had been addressed, there was no jurisdictional bar, and the parties' agreed decision to grant consent to the amended development application subject to conditions was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
14 March 2024
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application No 996/2022 / Final Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No 996/2022 approved subject to conditions; applicant ordered to pay respondent's costs.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'child Care Facility' 'jurisdictional Prerequisites' 'costs']
['planning and Environment' 'development Consent'] ['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'child Care Facility' 'jurisdictional Prerequisites' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application No 996/2022 / Final Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one 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 jurisdictional prerequisites for granting consent to the amended development application were satisfied.' 'Whether development consent should be granted for demolition, tree removal and construction of a two-storey centre based child care facility.']

Ratio Decidendi

Because the relevant jurisdictional prerequisites had been addressed, there was no jurisdictional bar, and the parties' agreed decision to grant consent to the amended development application subject to conditions was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; Development Application No 996/2022 approved subject to conditions; applicant ordered to pay respondent's costs.

Orders

  • ["The Applicant is to pay the Respondent's costs pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $9,000." 'The appeal is upheld.' "Development Application No 996/2022 for the demolition, tree removal and construction of a two-storey 'Centre Based Child Care Facility' for...