HIWS Pty Ltd v Lake Macquarie City Council [2024] NSWLEC 1240

HIWS Pty Ltd v Lake Macquarie City Council [2024] NSWLEC 1240

The Court was satisfied, on the evidence and the parties' jurisdictional statement, that the amended development application satisfied the relevant jurisdictional prerequisites and that the agreed decision to uphold the appeal and grant development consent subject to conditions 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 that agreement.

Jurisdiction
Australia
Judgment Date
10 May 2024
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No. 2493/2022 / Orders Made Following Conciliation Conferences Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld and development consent granted to DA/2493/2022 subject to the conditions set out in Annexure A.
Legal Topics
['multi Dwelling Development' 'conciliation Conference Agreement' 'jurisdictional Prerequisites for Development Consent' 'integrated Development' 'biodiversity Assessment' 'coal Mine Subsidence Approval' 'bush Fire Prone Land' 'basix' 'contamination Assessment' 'local Environmental Plan Controls']
['planning and Environment Law' 'development Consent' 'land and Environment Court Class 1 Proceedings'] ['multi Dwelling Development' 'conciliation Conference Agreement' 'jurisdictional Prerequisites for Development Consent' 'integrated Development' 'biodiversity Assessment' 'coal Mine Subsidence Approval' 'bush Fire Prone Land' 'basix' 'contamination Assessment' 'local Environmental Plan Controls']

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No. 2493/2022 / Orders Made Following Conciliation Conferences Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties

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 amended development application satisfied the jurisdictional prerequisites for the grant of consent under s 4.16 of the Environmental Planning and Assessment Act 1979.' 'Whether relevant biodiversity, coal mine subsidence, bush fire, BASIX, contamination and local planning controls had been addressed.']

Ratio Decidendi

The Court was satisfied, on the evidence and the parties' jurisdictional statement, that the amended development application satisfied the relevant jurisdictional prerequisites and that the agreed decision to uphold the appeal and grant development consent subject to conditions 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 that agreement.

Court Disposition

Appeal upheld and development consent granted to DA/2493/2022 subject to the conditions set out in Annexure A.

Orders

  • ['The applicant is directed to file the amended development application the subject of Order (3) within 7 days of the date of this Order.' 'The Appeal is upheld.' 'Development consent is granted to DA/2493/2022 for demolition of the existing structure on site; clearing part of the site, earthworks, construction of...