Cole v Kiama Municipal Council [2024] NSWLEC 1415

Cole v Kiama Municipal Council [2024] NSWLEC 1415

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the decision to grant development consent to the amended application subject to conditions was one the Court could make in the proper exercise of its functions, including because the identified jurisdictional preconditions were met, the Court was required to dispose of the proceedings in accordance with the agreed decision and approve the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
23 July 2024
Procedural Posture
Class 1 Appeal Against Refusal of a Development Application / Orders Made Following Conciliation Conference and Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application 10.2022.152.1 approved subject to conditions of consent set out in Annexure A.
Legal Topics
['development Application' 'dual Occupancy' 'conciliation Conference' 'consent Orders' 'jurisdictional Preconditions' 'coastal Environment Area' 'coastal Use Area' 'basix Certificate' 'deferred Commencement Condition']
['planning and Environment Law'] ['development Application' 'dual Occupancy' 'conciliation Conference' 'consent Orders' 'jurisdictional Preconditions' 'coastal Environment Area' 'coastal Use Area' 'basix Certificate' 'deferred Commencement Condition']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of a Development Application / Orders Made Following Conciliation Conference and Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could approve amended Development Application 10.2022.152.1 for demolition of an existing dwelling and construction of a dual occupancy subject to conditions following the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the jurisdictional preconditions for granting development consent were met, including permissibility, development standards, earthworks, essential services, BASIX, contamination, coastal impacts, and public submissions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the decision to grant development consent to the amended application subject to conditions was one the Court could make in the proper exercise of its functions, including because the identified jurisdictional preconditions were met, the Court was required to dispose of the proceedings in accordance with the agreed decision and approve the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application 10.2022.152.1 approved subject to conditions of consent set out in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development application 10.2022.152.1, for the demolition of existing dwelling and construction of a dual occupancy, is approved, subject to conditions of consent set out in Annexure A.']