Taylor v Sutherland Shire Council [2023] NSWLEC 1796

Taylor v Sutherland Shire Council [2023] NSWLEC 1796

The Court was satisfied that the jurisdictional pre-requisites for both the development application appeal and the Building Information Certificate appeal had been met, and that the agreed decisions were decisions the Court could have made in the proper exercise of its functions. Under s 34(3) of the Land and Environment Court Act 1979, the Court was therefore required to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
28 December 2023
Procedural Posture
Class 1 Appeals Against Refusal of Development Application Da23/0016 and Refusal to Issue Building Information Certificate Bic23/0004 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Both appeals upheld. Development consent granted for DA23/0016 subject to conditions. Building Information Certificate BIC23/0004 to issue for specified works after provision of structural certification. Each party to pay their own costs of the BIC appeal.
Legal Topics
['development Application for Alterations and Additions to Existing Dwelling' 'building Information Certificate for Works Undertaken Without Consent' 'conciliation Conference Agreement' 'bushfire Prone Land' 'coastal Environment Area and Coastal Use Area' 'contamination Assessment' 'c3 Environmental Management Zoning' 'environmentally Sensitive Land' 'riparian Land and Watercourses' 'foreshore Areas']
['environmental Planning and Assessment' 'land and Environment' 'development Consent' 'building Information Certificates'] ['development Application for Alterations and Additions to Existing Dwelling' 'building Information Certificate for Works Undertaken Without Consent' 'conciliation Conference Agreement' 'bushfire Prone Land' 'coastal Environment Area and Coastal Use Area' 'contamination Assessment' 'c3 Environmental Management Zoning' 'environmentally Sensitive Land' 'riparian Land and Watercourses' 'foreshore Areas']

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Procedural Posture

Class 1 Appeals Against Refusal of Development Application Da23/0016 and Refusal to Issue Building Information Certificate Bic23/0004 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decisions to uphold the appeals were decisions 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 were satisfied for the grant of development consent to DA23/0016.' 'Whether jurisdictional considerations under ss 6.25 and 8.25 of the Environmental Planning and Assessment Act 1979 were satisfied for the Building Information Certificate appeal.']

Ratio Decidendi

The Court was satisfied that the jurisdictional pre-requisites for both the development application appeal and the Building Information Certificate appeal had been met, and that the agreed decisions were decisions the Court could have made in the proper exercise of its functions. Under s 34(3) of the Land and Environment Court Act 1979, the Court was therefore required to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Both appeals upheld. Development consent granted for DA23/0016 subject to conditions. Building Information Certificate BIC23/0004 to issue for specified works after provision of structural certification. Each party to pay their own costs of the BIC appeal.

Orders

  • ['Proceedings 2023/174011: The appeal is upheld.' 'Proceedings 2023/174011: Development consent is granted to Development Application DA23/0016 for alterations and additions to existing dwelling at Lot 10 in Deposited Plan 30821 known as No 9 Mypolonga Avenue, Gymea Bay subject to the conditions of consent at...