Hanson Construction Materials Pty Ltd v Bayside Council [2020] NSWLEC 1127

Hanson Construction Materials Pty Ltd v Bayside Council [2020] NSWLEC 1127

Because the parties identified the relevant jurisdictional prerequisites and the Acting Commissioner concurred that they were satisfied, the agreed decision was one the Court could have made in the proper exercise of its functions. Section 34(3) of the Land and Environment Court Act 1979 therefore required the Court to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
17 March 2020
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 Environmental Planning and Assessment Act 1979 Against Refusal of Development Application DA 2018/1175 / Orders Following Conciliation Conference and Agreement Between the Parties Pursuant to S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions; leave granted to amend the development application; costs order made by agreement.
Legal Topics
['development Application' 'concrete Batching Plant' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away']
['planning and Environment Law' 'development Consent'] ['development Application' 'concrete Batching Plant' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7 Environmental Planning and Assessment Act 1979 Against Refusal of Development Application DA 2018/1175 / Orders Following Conciliation Conference and Agreement Between the Parties Pursuant to S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the proposed decision agreed by the parties 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 development consent could be granted for DA-2018/1175 having regard to the identified jurisdictional prerequisites, environmental planning instruments, landowner consent and submissions.']

Ratio Decidendi

Because the parties identified the relevant jurisdictional prerequisites and the Acting Commissioner concurred that they were satisfied, the agreed decision was one the Court could have made in the proper exercise of its functions. Section 34(3) of the Land and Environment Court Act 1979 therefore required the Court to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld; development application approved subject to conditions; leave granted to amend the development application; costs order made by agreement.

Orders

  • ['The Applicant is granted leave to amend Development application no. DA-2018/1175 and rely upon the amended plans and documents listed in Annexure A.' "The Applicant is to pay the Council's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $39,000 in...