Landmark Group NSW Pty Ltd v Goulburn Mulwaree Council [2023] NSWLEC 1680

Landmark Group NSW Pty Ltd v Goulburn Mulwaree Council [2023] NSWLEC 1680

Because the parties reached an agreement at the s 34 conciliation conference and the Commissioner was satisfied that all identified jurisdictional preconditions were met, including permissibility, applicable standards, environmental planning considerations, concurrence and conditions, the agreed grant of development consent subject to conditions was a decision the Court could make in the proper exercise of its functions; the proceedings were therefore disposed of by upholding the appeal and granting consent.

Jurisdiction
Australia
Judgment Date
10 November 2023
Procedural Posture
Class 1 Appeal Against Refusal of a Development Application / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application granted subject to conditions.
Legal Topics
['development Application' 'multi Dwelling Housing' 'community Title Subdivision' 'conciliation Conference' 'development Consent' 'jurisdictional Preconditions' 'sydney Drinking Water Catchment' 'water Quality' 'basix Certificate']
['planning and Environment Law'] ['development Application' 'multi Dwelling Housing' 'community Title Subdivision' 'conciliation Conference' 'development Consent' 'jurisdictional Preconditions' 'sydney Drinking Water Catchment' 'water Quality' 'basix Certificate']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of a Development Application / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could grant development consent to the amended development application in the proper exercise of its functions following the parties' agreement at conciliation." 'Whether the jurisdictional preconditions for consent were satisfied, including permissibility, subdivision standards, earthworks, contamination, water quality, BASIX, design guide consideration, regulatory conditions and public submissions.']

Ratio Decidendi

Because the parties reached an agreement at the s 34 conciliation conference and the Commissioner was satisfied that all identified jurisdictional preconditions were met, including permissibility, applicable standards, environmental planning considerations, concurrence and conditions, the agreed grant of development consent subject to conditions was a decision the Court could make in the proper exercise of its functions; the proceedings were therefore disposed of by upholding the appeal and granting consent.

Court Disposition

Appeal upheld; development application granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application No. DA0099/2122, lodged with the Respondent on 19 August 2021, and as amended, being for the demolition and construction of 26 dwellings and a 29 Lot Community Title Subdivision under the Goulburn Mulwaree Local Environmental Plan 2009, at Lot 1 DP1099324, known as...