Housing Plus v Orange City Council [2019] NSWLEC 1622

Housing Plus v Orange City Council [2019] NSWLEC 1622

Because the parties' agreement to uphold the appeal and grant development consent with conditions was a decision the Court could have made in the proper exercise of its functions, and because the amended application satisfied the relevant jurisdictional requirements including s 4.15(1) of the Environmental Planning and Assessment Act 1979, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
17 December 2019
Procedural Posture
Class 1 Appeal Against Refusal of Development Application DA 141/2019(1) / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted with conditions.
Legal Topics
['development Application Appeal' 'multi Dwelling Housing' 'social and Affordable Housing' 'conciliation Conference' 'basix Compliance' 'remediation of Land' 'local Environmental Plan Zoning' 'development Control Plan Compliance' 'public Submissions']
['environmental Planning and Development' 'land and Environment Court Procedure'] ['development Application Appeal' 'multi Dwelling Housing' 'social and Affordable Housing' 'conciliation Conference' 'basix Compliance' 'remediation of Land' 'local Environmental Plan Zoning' 'development Control Plan Compliance' 'public Submissions']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application DA 141/2019(1) / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application DA 141/2019(1), as amended, satisfied the relevant jurisdictional requirements under s 4.15(1) of the Environmental Planning and Assessment Act 1979.' 'Whether the proposed multi-dwelling housing development complied with SEPP BASIX, SEPP 55, the Orange Local Environmental Plan 2011 and the Orange Development Control Plan 2014.']

Ratio Decidendi

Because the parties' agreement to uphold the appeal and grant development consent with conditions was a decision the Court could have made in the proper exercise of its functions, and because the amended application satisfied the relevant jurisdictional requirements including s 4.15(1) of the Environmental Planning and Assessment Act 1979, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted with conditions.

Orders

  • ['Leave is granted to the Applicant to rely on the Addendum to Statement of Environmental Effects dated 29 November 2019.' 'Leave is granted to update the plans in support of the Application Class 1 by substituting A002 Issue G for A002 Issue F, A003 Issue I for A003 Issue H, A004 Issue J for A004 Issue I, A007...