KAR Group Australia Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1061

KAR Group Australia Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1061

The parties reached agreement after a conciliation conference to uphold the appeal and grant consent to the amended development application subject to conditions. After considering the agreed jurisdictional statement, relevant planning instruments, integrated development concurrence, contamination, classified road...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 February 2024
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld and development consent granted to Development Application No. DA-25/2023 as amended, subject to conditions; Applicant ordered to pay Respondent's costs thrown away as agreed or assessed.
Legal Topics
['development Appeal' 'demolition and Construction of Commercial Building' 'basement Parking and Gym' 'conciliation Conference' 'agreement Between the Parties' 'integrated Development' 'jurisdictional Prerequisites for Consent']
['environmental Planning and Assessment' 'development Consent' 'land and Environment Court Proceedings'] ['development Appeal' 'demolition and Construction of Commercial Building' 'basement Parking and Gym' 'conciliation Conference' 'agreement Between the Parties' 'integrated Development' 'jurisdictional Prerequisites for Consent']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether there was any jurisdictional impediment to granting development consent to Development Application No. DA-25/2023 as amended.' 'Whether the amended development application satisfied relevant planning controls and statutory preconditions, including under the Bankstown Local Environmental Plan 2015, State Environmental Planning Policy (Resilience and Hazards) 2021 and State Environmental Planning Policy (Transport and Infrastructure) 2021.']

Ratio Decidendi

The parties reached agreement after a conciliation conference to uphold the appeal and grant consent to the amended development application subject to conditions. After considering the agreed jurisdictional statement, relevant planning instruments, integrated development concurrence, contamination, classified road access, s 4.15 matters, notification, evidence and site observations, the Court was satisfied there was no jurisdictional impediment and that the agreed decision was one the Court could have made in the proper exercise of its functions. Section 34(3) therefore required the Court to dispose of the proceedings in accordance with the parties' decision.

Court Disposition

Appeal upheld and development consent granted to Development Application No. DA-25/2023 as amended, subject to conditions; Applicant ordered to pay Respondent's costs thrown away as agreed or assessed.

Orders

  • ["The Applicant is to pay the Respondent's costs thrown away as a result of the amendments made to the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed." 'The appeal is upheld.' 'Development consent is granted to Development Application No....