Halcyon Hotels Pty Ltd (93 124 421 199) v Wingecarribee Shire Council [2022] NSWLEC 1221

Halcyon Hotels Pty Ltd (93 124 421 199) v Wingecarribee Shire Council [2022] NSWLEC 1221

Because the parties reached agreement to uphold the appeal and grant consent subject to conditions, and the Commissioner was satisfied that the jurisdictional prerequisites had been met and that the agreed decision 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
13 May 2022
Procedural Posture
Class 1 Appeal Against Refusal of Development Application Da20/1400 / Final Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'consent Orders' 'mixed Use Development' 'permissibility Under Local Environmental Plan' 'conservation Incentives' 'sydney Drinking Water Catchment' 'koala Habitat Protection' 'traffic Generating Development' 'contaminated Land Remediation']
['planning and Environment' 'development Consent' 'heritage Conservation' 'biodiversity and Conservation' 'water Management' 'bush Fire Protection'] ['development Application' 'conciliation Conference' 'consent Orders' 'mixed Use Development' 'permissibility Under Local Environmental Plan' 'conservation Incentives' 'sydney Drinking Water Catchment' 'koala Habitat Protection' 'traffic Generating Development' 'contaminated Land Remediation']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application Da20/1400 / Final Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court was required under s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement." 'Whether the jurisdictional prerequisites for granting development consent to the proposed mixed use re-development were satisfied.' 'Whether the proposed development was permissible, including by reliance on cl 5.10(10) of the Wingecarribee Local Environmental Plan 2010 for otherwise prohibited uses.' 'Whether relevant statutory planning, environmental, bush fire, water, biodiversity, koala habitat, contamination, transport and regional development requirements were satisfied.']

Ratio Decidendi

Because the parties reached agreement to uphold the appeal and grant consent subject to conditions, and the Commissioner was satisfied that the jurisdictional prerequisites had been met and that the agreed decision 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 consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to amend its Class 1 Application form in accordance with Annexure \'A\' to this judgment, and to rely upon its amended Application in the proceedings including changing the Applicant\'s name to "Halcyon Hotels Pty Ltd (93 124 421 199)".' 'The appeal is upheld.' "Concept development...