Kid Property Pty Ltd v Wollondilly Shire Council [2021] NSWLEC 1301

Kid Property Pty Ltd v Wollondilly Shire Council [2021] NSWLEC 1301

Because the amended sheds were ancillary to the dwelling house, the necessary Koala Plan of Management and mine subsidence approvals had been obtained, and the relevant statutory and planning prerequisites were satisfied, the parties' agreed decision to uphold the appeal and grant development consent subject to conditions was one the Court could make in the proper exercise of its functions and had to be given effect under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
31 May 2021
Procedural Posture
Class 1 Appeal Against Actual Refusal of a Development Application / Orders Following S 34 Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'development Consent' 'conciliation Conference' 'ancillary Structures' 'koala Plan of Management' 'mine Subsidence Approval' 'remediation of Land' 'bushfire Prone Land']
['environmental Planning and Development' 'land and Environment'] ['development Application' 'development Consent' 'conciliation Conference' 'ancillary Structures' 'koala Plan of Management' 'mine Subsidence Approval' 'remediation of Land' 'bushfire Prone Land']

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Procedural Posture

Class 1 Appeal Against Actual Refusal of a Development Application / Orders Following S 34 Conciliation Conference

Legal Issues

  1. 1 ['Whether the proposed shed use was permissible in the RU2 Rural Landscape zone as ancillary to the dwelling house.' 'Whether required approvals for the Koala Plan of Management and mine subsidence had been obtained.' "Whether the parties' agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether jurisdictional prerequisites to granting development consent were satisfied.']

Ratio Decidendi

Because the amended sheds were ancillary to the dwelling house, the necessary Koala Plan of Management and mine subsidence approvals had been obtained, and the relevant statutory and planning prerequisites were satisfied, the parties' agreed decision to uphold the appeal and grant development consent subject to conditions was one the Court could make in the proper exercise of its functions and had to be given effect under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['Leave is granted to the Applicant to rely upon the amended documentation listed in the judgment.' 'The appeal is upheld.' "Development Consent is granted to DA-2019/545/1 for continued use of the existing shed as an ancillary structure to the residential use of the land; separation of the shed into three...