JGCo Pty Ltd v Willoughby City Council [2021] NSWLEC 1420

JGCo Pty Ltd v Willoughby City Council [2021] NSWLEC 1420

The parties reached agreement during the s 34 conciliation conference to resolve the Development Control Order and Building Information Certificate proceedings by modifying the Development Control Order and requiring specified works. The Court was satisfied that the agreed decision was one it could have made in the proper exercise of its functions, because the jurisdictional prerequisites were met and the agreed works addressed detrimental amenity impacts including privacy, overlooking, redevelopment potential and noise. 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 the parties' agreement.

Jurisdiction
Australia
Judgment Date
26 July 2021
Procedural Posture
Class 1 Appeals Against a Development Control Order and Refusal to Issue a Building Information Certificate / Section 34 Conciliation Conference; Agreement Between the Parties; Orders
Outcome
Both appeals upheld; Development Control Order modified; Applicant required to carry out specified works; Council directed to issue a Building Information Certificate after satisfaction that the works have been completed.
Legal Topics
['development Control Order' 'building Information Certificate' 'unauthorised Works' 'conciliation Conference' 'modified Orders']
['planning and Environment' 'development Control'] ['development Control Order' 'building Information Certificate' 'unauthorised Works' 'conciliation Conference' 'modified Orders']

Case Brief

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Procedural Posture

Class 1 Appeals Against a Development Control Order and Refusal to Issue a Building Information Certificate / Section 34 Conciliation Conference; Agreement Between the Parties; Orders

Legal Issues

  1. 1 ["Whether the parties' agreed resolution was a decision 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 the Development Control Order should be modified under s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979.' 'Whether Willoughby City Council should be directed to issue a Building Information Certificate under s 8.25(3)(a) of the Environmental Planning and Assessment Act 1979 after completion of agreed works.']

Ratio Decidendi

The parties reached agreement during the s 34 conciliation conference to resolve the Development Control Order and Building Information Certificate proceedings by modifying the Development Control Order and requiring specified works. The Court was satisfied that the agreed decision was one it could have made in the proper exercise of its functions, because the jurisdictional prerequisites were met and the agreed works addressed detrimental amenity impacts including privacy, overlooking, redevelopment potential and noise. 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 the parties' agreement.

Court Disposition

Both appeals upheld; Development Control Order modified; Applicant required to carry out specified works; Council directed to issue a Building Information Certificate after satisfaction that the works have been completed.

Orders

  • ['In proceedings No. 2020/327199, the appeal is upheld.' 'The Development Control Order issued by Willoughby City Council to the Applicant on 22 October 2020 is, pursuant to section 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, modified in accordance with the terms of the Development Control...