Shi v Randwick City Council [2020] NSWLEC 1639

Shi v Randwick City Council [2020] NSWLEC 1639

The relevant jurisdictional prerequisites were satisfied and the parties' agreed decision to approve DA/130/2019 subject to conditions 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
14 December 2020
Procedural Posture
Class 1 Development Application Appeal Against Refusal of Da/130/2019 / Conciliation Conference Agreement and Final Orders
Outcome
Appeal upheld; DA/130/2019 approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'residential Development' 'jurisdictional Prerequisites' 'consent Conditions']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'residential Development' 'jurisdictional Prerequisites' 'consent Conditions']

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Procedural Posture

Class 1 Development Application Appeal Against Refusal of Da/130/2019 / Conciliation Conference Agreement and Final Orders

Legal Issues

  1. 1 ["Whether the parties' agreed decision approving the proposed development was a decision the Court could have made in the proper exercise of its functions." 'Whether the jurisdictional prerequisites for granting consent to the proposed development were satisfied.']

Ratio Decidendi

The relevant jurisdictional prerequisites were satisfied and the parties' agreed decision to approve DA/130/2019 subject to conditions 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; DA/130/2019 approved subject to conditions.

Orders

  • ["Leave is granted to the Applicant to rely on the plans referred to in condition 1 of Annexure 'A'." 'The appeal is upheld.' "Development Application no. DA/130/2019 is approved for the demolition of existing structures, construction of a new two storey dwelling house, basement carparking and water tank,...