Hoda Pty Ltd v Strathfield Municipal Council [2021] NSWLEC 1108

Hoda Pty Ltd v Strathfield Municipal Council [2021] NSWLEC 1108

Because the parties' agreement was a decision the Court could have made in the proper exercise of its functions, and the identified jurisdictional prerequisites were satisfied, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the agreement by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
02 March 2021
Procedural Posture
Class 1 Appeal Against Refusal of Development Application Da2020/25 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 AA Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted to Development Application No. DA2020/25 subject to conditions in Annexure A.
Legal Topics
['development Application for Detached Garage, In Ground Pool and Ancillary Works' 'conciliation Conference' 'orders by Consent' 'jurisdictional Prerequisites for Grant of Development Consent']
['environmental Planning and Assessment' 'development Consent' 'land and Environment Court Procedure'] ['development Application for Detached Garage, in Ground Pool and Ancillary Works' 'conciliation Conference' 'orders by Consent' 'jurisdictional Prerequisites for Grant of Development Consent']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application Da2020/25 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 AA Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the Court could grant development consent to Development Application DA2020/25 in the proper exercise of its functions under ss 4.15 and 4.16 of the Environmental Planning and Assessment Act 1979.' "Whether the parties' agreement following conciliation was a decision the Court could have made, requiring disposition under s 34(3) of the Land and Environment Court Act 1979." 'Whether relevant jurisdictional prerequisites under the Strathfield Local Environmental Plan 2012, the BASIX SEPP and the Non-Rural Vegetation SEPP were satisfied.']

Ratio Decidendi

Because the parties' agreement was a decision the Court could have made in the proper exercise of its functions, and the identified jurisdictional prerequisites were satisfied, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the agreement by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted to Development Application No. DA2020/25 subject to conditions in Annexure A.

Orders

  • ['Leave is granted to the Applicant to rely upon the amended architectural plans, landscape plans, Tree Management Plan prepared by Tree Wise Men dated 1 December 2020, and BASIX Certificate no. A366635_02 prepared by Outsource Ideas Pty Ltd dated 9 December 2020.' 'The appeal is upheld.' 'Development Consent is...