Keystone Elite Properties Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1445

Keystone Elite Properties Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1445

Because the parties reached an agreement at the s 34 conciliation conference and the Commissioner was satisfied that all identified jurisdictional prerequisites were met and that the agreed grant of consent was a decision the Court could make in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
11 August 2023
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; Applicant ordered to pay agreed thrown-away costs of $10,000.
Legal Topics
['development Application' 'residential Flat Building' 'amended Plans' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Variation to Height Development Standard']
['planning and Environment' 'development Consent'] ['development Application' 'residential Flat Building' 'amended Plans' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Variation to Height Development Standard']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether jurisdictional prerequisites for the grant of development consent were satisfied.' 'Whether the written request to vary the height of buildings development standard under cl 4.6 of the Sutherland Shire Local Environmental Plan 2015 could be upheld.' 'Whether development consent should be granted for the amended development application subject to conditions.']

Ratio Decidendi

Because the parties reached an agreement at the s 34 conciliation conference and the Commissioner was satisfied that all identified jurisdictional prerequisites were met and that the agreed grant of consent was a decision the Court could make in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions; Applicant ordered to pay agreed thrown-away costs of $10,000.

Orders

  • ['The Applicant is to pay those costs of the Respondent, thrown away as a result of amending the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed amount of $10,000.' 'The appeal is upheld.' 'Development Application No. DA21/0874, as amended, for...