Clark v Hawkesbury City Council [2021] NSWLEC 1776

Clark v Hawkesbury City Council [2021] NSWLEC 1776

Because the amended development application and agreed conditions satisfied the relevant requirements of ss 4.14 and 4.15 of the Environmental Planning and Assessment Act 1979, and there were no jurisdictional impediments, the parties' agreed decision was one the Court could have made in the proper exercise of its functions; therefore, under s 34(3) of the Land and Environment Court Act 1979, the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
20 December 2020
Procedural Posture
Class 1 Appeal Against the Deemed Refusal of Development Application Da0507/19 / Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'dwelling Development' 'conciliation Conference' 'consent Orders' 'bushfire Prone Land' 'planning Instruments and Development Controls']
['planning and Environment Law'] ['development Application' 'deemed Refusal Appeal' 'dwelling Development' 'conciliation Conference' 'consent Orders' 'bushfire Prone Land' 'planning Instruments and Development Controls']

Case Brief

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Procedural Posture

Class 1 Appeal Against the Deemed Refusal of Development Application Da0507/19 / Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders

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 amended DA0507/19 satisfied the relevant requirements of ss 4.14 and 4.15 of the Environmental Planning and Assessment Act 1979.' 'Whether there were any jurisdictional impediments to granting development consent for the proposed split storey dwelling.']

Ratio Decidendi

Because the amended development application and agreed conditions satisfied the relevant requirements of ss 4.14 and 4.15 of the Environmental Planning and Assessment Act 1979, and there were no jurisdictional impediments, the parties' agreed decision was one the Court could have made in the proper exercise of its functions; therefore, under s 34(3) of the Land and Environment Court Act 1979, the Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Appeal is upheld.' 'Development consent is granted to DA0507/19 (as amended) for the erection of a split storey dwelling at 22 Bunya Crescent, Bowen Mountain NSW 2753, subject to conditions in Annexure \'\'A".']