Grafton Property Group Pty Ltd v North Sydney Council [2019] NSWLEC 1439

Grafton Property Group Pty Ltd v North Sydney Council [2019] NSWLEC 1439

Because the parties agreed to orders approving the amended development application subject to conditions, and the Court was satisfied that the proposal was permissible, complied with relevant development standards, adequately addressed contamination and SEPP Infrastructure matters, and that the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) required the proceedings to be disposed of in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
17 September 2019
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement as to Orders
Outcome
Appeal upheld; Development Application D 74/2018 approved subject to conditions; judgment later varied under UCPR 36.17 to correct an accidental slip.
Legal Topics
['development Application' 'dual Occupancy Development' 'deemed Refusal Appeal' 'conciliation Conference' 'agreement Between the Parties' 'remediation of Land' 'rail Corridor Impacts' 'amended Plans']
['planning and Environment Law' 'development Consent'] ['development Application' 'dual Occupancy Development' 'deemed Refusal Appeal' 'conciliation Conference' 'agreement Between the Parties' 'remediation of Land' 'rail Corridor Impacts' 'amended Plans']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement as to Orders

Legal Issues

  1. 1 ["Whether the Court could make orders in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979" 'Whether Development Application D 74/2018 should be approved subject to conditions' 'Whether jurisdictional matters concerning permissibility, LEP development standards, contamination, SEPP Infrastructure and submissions had been adequately addressed']

Ratio Decidendi

Because the parties agreed to orders approving the amended development application subject to conditions, and the Court was satisfied that the proposal was permissible, complied with relevant development standards, adequately addressed contamination and SEPP Infrastructure matters, and that the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) required the proceedings to be disposed of in accordance with the parties' agreement.

Court Disposition

Appeal upheld; Development Application D 74/2018 approved subject to conditions; judgment later varied under UCPR 36.17 to correct an accidental slip.

Orders

  • ['Leave is granted to the Applicant to rely upon the amended plans and document listed in condition 1 of Annexure "A" hereto.' 'The appeal is upheld.' 'Development Application D 74/2018 for demolition of existing structures and construction of a dual occupancy with a single garage per dwelling at 24 Milner Crescent,...