Lin v Blacktown City Council [2023] NSWLEC 1386

Lin v Blacktown City Council [2023] NSWLEC 1386

Because the parties reached agreement after conciliation, the amended development application resolved the contentions, the relevant jurisdictional prerequisites and planning instruments had been considered and were satisfied, and the proposed decision was one the Court could make 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 the parties' agreement by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
21 July 2023
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No. Da21/01377 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders Giving Effect to the Agreement
Outcome
Appeal upheld; Development Application No. DA21/01377 determined by grant of development consent subject to conditions; Applicant ordered to pay Respondent's costs thrown away by the amended development application as agreed or assessed.
Legal Topics
['development Application' 'centre Based Child Care Facility' 'amended Plans' 'conciliation Conference' 'deemed Refusal' 'costs Thrown Away']
['planning and Environment Law' 'development Consent'] ['development Application' 'centre Based Child Care Facility' 'amended Plans' 'conciliation Conference' 'deemed Refusal' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No. Da21/01377 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders Giving Effect to the Agreement

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979" 'Whether jurisdictional prerequisites for the grant of development consent were satisfied' 'Whether Development Application No. DA21/01377 should be determined by the grant of development consent subject to conditions']

Ratio Decidendi

Because the parties reached agreement after conciliation, the amended development application resolved the contentions, the relevant jurisdictional prerequisites and planning instruments had been considered and were satisfied, and the proposed decision was one the Court could make 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 the parties' agreement by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; Development Application No. DA21/01377 determined by grant of development consent subject to conditions; Applicant ordered to pay Respondent's costs thrown away by the amended development application as agreed or assessed.

Orders

  • ['Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that have been thrown away as a result of the Amended Development Application, as agreed or assessed.' 'The Appeal is upheld.' 'Development Application No. DA21/01377, for the...