H D Squared Developments Pty Ltd ATF Leura Development Trust ABN 70 273 715 118 v Blue Mountains City Council [2020] NSWLEC 1227

H D Squared Developments Pty Ltd ATF Leura Development Trust ABN 70 273 715 118 v Blue Mountains City Council [2020] NSWLEC 1227

The Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions because the amended development application had owner consent, required concurrence for integrated development, relevant reports and verification statements had been provided, applicable environmental planning instruments and development controls had been considered, the proposed residential flat building was permissible with consent and compliant with height and floor space controls, heritage, slope, stormwater, character, design excellence, sustainable resource management, essential services and submissions had been considered, and there was no jurisdictional...

Jurisdiction
Australia
Judgment Date
21 May 2020
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Actual Refusal of Development Application X/595/2018 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application DA X/595/2018 approved subject to conditions.
Legal Topics
['development Application' 'residential Flat Building' 'conciliation Conference' 'amended Plans' 'integrated Development' 'development Consent Conditions' 'costs Thrown Away']
['environmental Planning and Development Law' 'land and Environment Court Proceedings'] ['development Application' 'residential Flat Building' 'conciliation Conference' 'amended Plans' 'integrated Development' 'development Consent Conditions' 'costs Thrown Away']

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 Actual Refusal of Development Application X/595/2018 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) 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 make in the proper exercise of its functions" 'Whether development consent could be granted to the amended development application subject to conditions' 'Whether leave should be granted to rely on amended plans and documentation' "Whether the applicant should pay the respondent's costs thrown away as a result of the amendments"]

Ratio Decidendi

The Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions because the amended development application had owner consent, required concurrence for integrated development, relevant reports and verification statements had been provided, applicable environmental planning instruments and development controls had been considered, the proposed residential flat building was permissible with consent and compliant with height and floor space controls, heritage, slope, stormwater, character, design excellence, sustainable resource management, essential services and submissions had been considered, and there was no jurisdictional...

Court Disposition

Appeal upheld; development application DA X/595/2018 approved subject to conditions.

Orders

  • ['The applicant is granted leave to rely upon the amended plans and documentation referred to in condition A1 of the conditions of consent at Annexure A to this agreement.' "The applicant is to pay the respondent's costs thrown away as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning...