Boyce v Wingecarribee Shire Council [2024] NSWLEC 1556

Boyce v Wingecarribee Shire Council [2024] NSWLEC 1556

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the jurisdictional preconditions were met and that granting consent to the amended development application subject to conditions was a decision the Court could make in the proper exercise of its functions, the proceedings had to be disposed of in accordance with the agreed decision by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
11 September 2024
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Concerning a Deemed Refusal of a Development Application / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; amended Development Application DA24/0372 determined by grant of consent subject to conditions; applicant ordered to pay respondent's costs thrown away in the agreed amount of $2,000.00.
Legal Topics
['development Application for Motel Accommodation' 'conciliation Conference' 'section 34 Agreement' 'height Development Standard Variation' 'heritage Impacts' 'sydney Drinking Water Catchment' 'rail Corridor Impacts' 'business Identification Signs' 'costs Thrown Away by Amendment']
['planning and Environment' 'development Consent' 'land and Environment Court Proceedings'] ['development Application for Motel Accommodation' 'conciliation Conference' 'section 34 Agreement' 'height Development Standard Variation' 'heritage Impacts' 'sydney Drinking Water Catchment' 'rail Corridor Impacts' 'business Identification Signs' 'costs Thrown Away by Amendment']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Concerning a Deemed Refusal of a Development Application / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court could make orders granting development consent to the amended development application in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether the jurisdictional preconditions to granting development consent were satisfied, including permissibility in the E1 Local Centre zone, cl 4.6 variation to the height development standard, heritage, earthworks, water catchment, contamination, rail corridor and signage considerations.' "Whether the proceedings should be disposed of in accordance with the parties' agreement reached at the conciliation conference."]

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the jurisdictional preconditions were met and that granting consent to the amended development application subject to conditions was a decision the Court could make in the proper exercise of its functions, the proceedings had to be disposed of in accordance with the agreed decision by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; amended Development Application DA24/0372 determined by grant of consent subject to conditions; applicant ordered to pay respondent's costs thrown away in the agreed amount of $2,000.00.

Orders

  • ['The appeal is upheld.' "The Applicant is to pay the Respondent's costs that have been thrown away as a result of the amendment of the application for development consent, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed amount of $2,000.00." 'Development Application...