Sinn v Blacktown City Council [2020] NSWLEC 1257

Sinn v Blacktown City Council [2020] NSWLEC 1257

The Court was satisfied that the relevant jurisdictional prerequisites had been met: the proposed works were permissible with consent in the relevant zones under the Growth Centres SEPP, the lot sizes were consistent with cl 4.1AA, conditions required an Aboriginal Heritage Impact Permit before the issue of any Construction Certificate, and remediation would occur before the land was used for the proposed purpose. Accordingly, the parties' agreed decision was one the Court could have made in the proper exercise of its functions and the proceedings were disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
10 June 2020
Procedural Posture
Class 1 Development Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application DA 19 00796 / Hearing and Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Final Agreed Orders Under S 34(3)
Outcome
Appeal upheld; Development Application DA-19-00796 approved subject to conditions.
Legal Topics
['development Appeal' 'deemed Refusal' 'subdivision of Land' 'conciliation Conference' 'development Consent Conditions' 'remediation of Land' 'aboriginal Heritage Impact Permit']
['environmental Planning and Assessment' 'land and Environment Court Procedure'] ['development Appeal' 'deemed Refusal' 'subdivision of Land' 'conciliation Conference' 'development Consent Conditions' 'remediation of Land' 'aboriginal Heritage Impact Permit']

Case Brief

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Procedural Posture

Class 1 Development Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application DA 19 00796 / Hearing and Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Final Agreed Orders Under S 34(3)

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 prerequisites to the grant of development consent had been addressed, including permissibility under zoning controls, lot size requirements, Aboriginal heritage requirements and remediation requirements.']

Ratio Decidendi

The Court was satisfied that the relevant jurisdictional prerequisites had been met: the proposed works were permissible with consent in the relevant zones under the Growth Centres SEPP, the lot sizes were consistent with cl 4.1AA, conditions required an Aboriginal Heritage Impact Permit before the issue of any Construction Certificate, and remediation would occur before the land was used for the proposed purpose. Accordingly, the parties' agreed decision was one the Court could have made in the proper exercise of its functions and the proceedings were disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; Development Application DA-19-00796 approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application no. DA-19-00796 for demolition of existing structures, tree removal, subdivision into 85 Torrens Title lots (84 residential lots and 1 residue lot) and associated earthworks including construction of retaining walls, new roads, stormwater drainage works and...