Khanafer v Central Coast Council [2024] NSWLEC 1323

Khanafer v Central Coast Council [2024] NSWLEC 1323

Because the jurisdictional prerequisites identified by the parties were satisfied, including permissibility in the R1 General Residential zone, satisfaction of relevant development standards or accepted cl 4.6 variation, and adequate consideration of applicable environmental planning instruments, the parties' agreed decision was one the Court could have made in the proper exercise of its functions. 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 that agreement, uphold the appeal and grant development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
14 June 2024
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Refusal of Da/61592/2021 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Parties Reached Agreement; Orders Made
Outcome
Appeal upheld; development consent granted to DA/61592/2021 as amended subject to the conditions at Annexure A; Applicant ordered to pay $10,000 in costs thrown away.
Legal Topics
['development Application' 'multi Dwelling Housing' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Prerequisites' 'development Standards Variation' 'costs Thrown Away']
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['development Application' 'multi Dwelling Housing' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Prerequisites' 'development Standards Variation' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Refusal of Da/61592/2021 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Parties Reached Agreement; Orders Made

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 the jurisdictional prerequisites for granting development consent to the amended DA were satisfied.' 'Whether development consent should be granted to DA/61592/2021 as amended, subject to conditions.']

Ratio Decidendi

Because the jurisdictional prerequisites identified by the parties were satisfied, including permissibility in the R1 General Residential zone, satisfaction of relevant development standards or accepted cl 4.6 variation, and adequate consideration of applicable environmental planning instruments, the parties' agreed decision was one the Court could have made in the proper exercise of its functions. 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 that agreement, uphold the appeal and grant development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted to DA/61592/2021 as amended subject to the conditions at Annexure A; Applicant ordered to pay $10,000 in costs thrown away.

Orders

  • ['The Applicant is to pay those costs of the Respondent that have been thrown away as a result of the amendment of the application for development consent pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $10,000, payable within 28 days.' 'The appeal is upheld.'...