Galvin v Waverley Council [2023] NSWLEC 1263

Galvin v Waverley Council [2023] NSWLEC 1263

Because the parties reached agreement under s 34, the consent authority agreed to the amended application, and the Commissioner was satisfied that the relevant pre-jurisdictional and environmental planning instrument requirements were met, the agreed grant of consent was a decision the Court could have made in the proper exercise of its functions; therefore s 34(3) required the Court to dispose of the proceedings in accordance with the parties' decision.

Jurisdiction
Australia
Judgment Date
31 May 2023
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against an Undetermined Development Application / Mandatory Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979; Parties Filed a Signed S 34(10) Agreement and Sought Orders Disposing of the Proceedings
Outcome
Appeal upheld; Development Application No. DA-385/2022 determined by grant of consent subject to conditions of consent in Annexure A.
Legal Topics
['development Application' 'alterations and Additions to Dwelling House' 'r2 Low Density Residential Zone' 'conciliation Conference' 'section 34 Agreement' 'grant of Development Consent Subject to Conditions']
['planning and Environment Law'] ['development Application' 'alterations and Additions to Dwelling House' 'r2 Low Density Residential Zone' 'conciliation Conference' 'section 34 Agreement' 'grant of Development Consent Subject to Conditions']

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 Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against an Undetermined Development Application / Mandatory Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979; Parties Filed a Signed S 34(10) Agreement and Sought Orders Disposing of the Proceedings

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the relevant environmental planning instrument requirements and pre-jurisdictional requirements were satisfied for the grant of consent to the amended development application.' 'Whether Development Application No. DA-385/2022 should be amended and determined by grant of consent subject to conditions.']

Ratio Decidendi

Because the parties reached agreement under s 34, the consent authority agreed to the amended application, and the Commissioner was satisfied that the relevant pre-jurisdictional and environmental planning instrument requirements were met, the agreed grant of consent was a decision the Court could have made in the proper exercise of its functions; therefore s 34(3) required the Court to dispose of the proceedings in accordance with the parties' decision.

Court Disposition

Appeal upheld; Development Application No. DA-385/2022 determined by grant of consent subject to conditions of consent in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application No. DA-385/2022 for the alterations and additions to an existing dwelling including the construction of an elevated walkway and deck above the carport to the semi-detached dwelling at 42 Varna Street, Waverley is determined by the grant of consent subject to the...