Karimbla Constructions Services (NSW) Pty Ltd v Northern Beaches Council [2019] NSWLEC 1236

Karimbla Constructions Services (NSW) Pty Ltd v Northern Beaches Council [2019] NSWLEC 1236

Because the parties reached agreement in a s 34 conciliation conference and the agreed decision was one the Court could make in the proper exercise of its functions, with the relevant jurisdictional prerequisites under the Pittwater Local Environmental Plan 2014 considered or satisfied, the Court was required to dispose of the proceedings in accordance with the agreed decision and grant consent to the amended development application.

Jurisdiction
Australia
Judgment Date
31 May 2019
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application No. N0398/17 / Final Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Leave to amend granted; appeal upheld; Development Application No. N0398/17 approved subject to conditions of consent at Annexure A.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'road Construction and Earthworks' 'jurisdictional Prerequisites' 'pittwater Local Environmental Plan 2014']
['planning and Environment' 'development Consent'] ['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'road Construction and Earthworks' 'jurisdictional Prerequisites' 'pittwater Local Environmental Plan 2014']

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application No. N0398/17 / Final Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision following the conciliation conference 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 Court could grant consent to Development Application No. N0398/17 under s 4.16 of the Environmental Planning and Assessment Act 1979.' 'Whether the jurisdictional prerequisites in cll 6.1(3), 7.1(3), 7.2(3), 7.3(3) and 7.6(3) and (4) of the Pittwater Local Environmental Plan 2014 were satisfied.']

Ratio Decidendi

Because the parties reached agreement in a s 34 conciliation conference and the agreed decision was one the Court could make in the proper exercise of its functions, with the relevant jurisdictional prerequisites under the Pittwater Local Environmental Plan 2014 considered or satisfied, the Court was required to dispose of the proceedings in accordance with the agreed decision and grant consent to the amended development application.

Court Disposition

Leave to amend granted; appeal upheld; Development Application No. N0398/17 approved subject to conditions of consent at Annexure A.

Orders

  • ['The applicant is granted leave to amend the application by relying on the amended plans listed in condition A1 of the conditions of consent at Annexure A.' 'The appeal is upheld.' 'Development Application No. N0398/17, as amended pursuant to Order (1), for the construction of a road and earthworks at 2 Macpherson...