Oulianoff v Randwick City Council [2023] NSWLEC 1591

Oulianoff v Randwick City Council [2023] NSWLEC 1591

Because the jurisdictional pre-requisites were satisfied, the amended conditions of consent were lawful, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement by upholding the appeal and granting consent subject to conditions.

Jurisdiction
Australia
Judgment Date
11 October 2023
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Concerning Conditions of Development Consent / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreed Decision and Final Orders
Outcome
Appeal upheld; development consent granted subject to the conditions of consent at Annexure A.
Legal Topics
['development Application' 'conditional Development Consent' 'conciliation Conference' 'jurisdictional Pre Requisites' 'tree Removal' 'fences' 'driveway Works']
['planning and Environment Law' 'development Consent'] ['development Application' 'conditional Development Consent' 'conciliation Conference' 'jurisdictional Pre Requisites' 'tree Removal' 'fences' 'driveway Works']

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 Concerning Conditions of Development Consent / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreed Decision and Final Orders

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision that 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 jurisdictional pre-requisites for granting development consent to DA/461/2022 were satisfied.' 'Whether consent should be granted to the development application subject to the agreed amended conditions.']

Ratio Decidendi

Because the jurisdictional pre-requisites were satisfied, the amended conditions of consent were lawful, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement by upholding the appeal and granting consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to the conditions of consent at Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application No DA/461/2022 for alterations and additions to the existing dwelling including new fences on two street frontages on Lot A in Deposited Plan 938524, known as 9 Fraser Street Randwick, and removal of a street tree, is determined by the grant of consent, subject to...