ICC Group Wollongong Pty Ltd v Wollongong City Council [2022] NSWLEC 1335

ICC Group Wollongong Pty Ltd v Wollongong City Council [2022] NSWLEC 1335

The Court was satisfied that the jurisdictional prerequisites were met, the amended development application satisfied the relevant SEPP, LEP and DCP considerations, TfNSW concurrence and public benefit requirements were addressed by conditions, and the agreed decision was one the Court could have made in the proper exercise of its functions; therefore s 34(3) required the proceedings to be disposed of in accordance with the parties' agreement by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
29 June 2022
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Conciliation Conference Under S 34(1) 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 Appeal' 'digital Advertising Sign' 'conciliation Conference' 'jurisdictional Prerequisites' 'state Environmental Planning Policy (industry and Employment) 2021' 'wollongong Local Environmental Plan 2009' 'traffic Safety' 'heritage Impact' 'illumination']
['planning and Environment Law' 'development Consent' 'advertising Signage'] ['development Application Appeal' 'digital Advertising Sign' 'conciliation Conference' 'jurisdictional Prerequisites' 'state Environmental Planning Policy (industry and Employment) 2021' 'wollongong Local Environmental Plan 2009' 'traffic Safety' 'heritage Impact' 'illumination']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders

Legal Issues

  1. 1 ['Whether the Court could grant development consent to the amended development application in the proper exercise of its functions under s 4.16 of the Environmental Planning and Assessment Act 1979.' 'Whether the proposed replacement of an existing vinyl skin advertising sign and associated directional up lights with a digital screen satisfied relevant planning controls and jurisdictional prerequisites.' 'Whether concurrence from Transport for NSW and public benefit arrangements required by the State Environmental Planning Policy (Industry and Employment) 2021 were satisfied.']

Ratio Decidendi

The Court was satisfied that the jurisdictional prerequisites were met, the amended development application satisfied the relevant SEPP, LEP and DCP considerations, TfNSW concurrence and public benefit requirements were addressed by conditions, and the agreed decision was one the Court could have made in the proper exercise of its functions; therefore s 34(3) required the proceedings to be disposed of in accordance with the parties' agreement by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to development application 2021/435 for the replacement of the existing vinyl skin advertising sign and the associated directional up lights (five in number) located along the underside of the sign with a digital screen in relation to Lots 1 and 2 in DP...