Guntawong Estate Pty Ltd v Blacktown City Council (No. 3) [2021] NSWLEC 1757

Guntawong Estate Pty Ltd v Blacktown City Council (No. 3) [2021] NSWLEC 1757

Because the development application and appeal were properly made, the applicable planning instruments permitted the subdivision with consent, the proposed lots complied with the relevant minimum lot size and residential density controls, the site was suitable for residential development, vegetation and notification issues were addressed, and no jurisdictional impediment was identified, the parties' s 34 agreement was a decision the Court could have made in the proper exercise of its functions. The Court was therefore required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
08 December 2021
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 From Refusal of Development Application DA 18 02534 / Orders Made Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application DA-18-02534 approved subject to conditions.
Legal Topics
['development Application' 'residential Subdivision' 'torrens Title Subdivision' 'conciliation Conference' 'section 34 Agreement' 'jurisdictional Prerequisites' 'state Environmental Planning Policies']
['planning and Environment' 'development Consent' 'land Subdivision'] ['development Application' 'residential Subdivision' 'torrens Title Subdivision' 'conciliation Conference' 'section 34 Agreement' 'jurisdictional Prerequisites' 'state Environmental Planning Policies']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 From Refusal of Development Application DA 18 02534 / Orders Made Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 was a decision the Court could have made in the proper exercise of its functions." 'Whether the Court had power to determine Development Application DA-18-02534 under s 4.16 of the Environmental Planning and Assessment Act 1979.' 'Whether the proposed subdivision was permissible and consistent with applicable planning controls for Zone R3 Medium Density Residential under the Blacktown Growth Centres Precinct Plan.' 'Whether the site was suitable for residential development having regard to State Environmental Planning Policy No 55—Remediation of Land.' 'Whether notification and objection issues were satisfactorily addressed by the amended development application and conditions of consent.']

Ratio Decidendi

Because the development application and appeal were properly made, the applicable planning instruments permitted the subdivision with consent, the proposed lots complied with the relevant minimum lot size and residential density controls, the site was suitable for residential development, vegetation and notification issues were addressed, and no jurisdictional impediment was identified, the parties' s 34 agreement was a decision the Court could have made in the proper exercise of its functions. The Court was therefore required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; Development Application DA-18-02534 approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application DA-18-02534 for the Torrens Title subdivision of proposed Lot 103 in DA-17-02747, being part of the land described as Lot 48 DP 30186 and known as 172 Guntawong Road Riverstone, into 14 residential lots is approved subject to the conditions set out in Annexure A.']