Jedaclew Pty Ltd v Central Coast Council [2022] NSWLEC 1470

Jedaclew Pty Ltd v Central Coast Council [2022] NSWLEC 1470

Because the amended application and agreed conditions resolved the Council's merit concerns, the cl 4.6 written request adequately justified the minor height contraventions, the development was consistent with the objectives of the height standard and B2 Local Centre zone, and the other jurisdictional requirements were satisfied, the parties' agreed decision to grant consent was a decision the Court could have made. The Court was therefore 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
08 September 2022
Procedural Posture
Class 1 Appeal Against Refusal of Development Consent / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreed Orders
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'commercial and Shop Top Housing Development' 'clause 4.6 Variation to Height Development Standard' 'conciliation Agreement' 'state Environmental Planning Policy Compliance' 'basix' 'residential Apartment Design' 'acid Sulfate Soils' 'flood Planning' 'public Notification']
['environmental Planning and Assessment' 'development Consent' 'land and Environment Court Procedure'] ['development Application' 'commercial and Shop Top Housing Development' 'clause 4.6 Variation to Height Development Standard' 'conciliation Agreement' 'state Environmental Planning Policy Compliance' 'basix' 'residential Apartment Design' 'acid Sulfate Soils' 'flood Planning' 'public Notification']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Against Refusal of Development Consent / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreed Orders

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one 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 development consent could be granted to the amended development application under s 4.16 of the Environmental Planning and Assessment Act 1979 subject to agreed conditions.' "Whether the applicant's written request under cl 4.6 of the Gosford Local Environmental Plan 2014 justified contravention of the height development standard in cl 4.3." "Whether the amended development application satisfied applicable jurisdictional requirements, including relevant State Environmental Planning Policies, the Gosford Local Environmental Plan 2014, notification and owner's consent requirements."]

Ratio Decidendi

Because the amended application and agreed conditions resolved the Council's merit concerns, the cl 4.6 written request adequately justified the minor height contraventions, the development was consistent with the objectives of the height standard and B2 Local Centre zone, and the other jurisdictional requirements were satisfied, the parties' agreed decision to grant consent was a decision the Court could have made. The Court was therefore 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 subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to development application no. 57779/2019 for the demolition of existing structures and the construction of a commercial and shop top housing development and associated landscaping on land legally comprising of the allotments described as Lots 1-4 in DP 24978...