Lanham Developments Pty Ltd ATF Lanham Property Trust v The Hills Shire Council [2023] NSWLEC 1381

Lanham Developments Pty Ltd ATF Lanham Property Trust v The Hills Shire Council [2023] NSWLEC 1381

Because the development application as amended had owner's consent, was adequately notified, complied with or satisfied the relevant State Environmental Planning Policies and planning controls, addressed remediation, childcare planning, water management, bush fire safety and servicing requirements, and the agreed conditions incorporated necessary approvals, the parties' agreed decision was one the Court could have made in the proper exercise of its functions; the appeal was therefore upheld and consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
27 July 2023
Procedural Posture
Class 1 Development Appeal Concerning Deemed Refusal of a Development Application / Section 34 Conciliation Conference; Parties Reached Agreement and the Court Made Orders
Outcome
Appeal upheld; development application approved subject to conditions; applicant to pay respondent's costs thrown away as agreed or assessed.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'centre Based Child Care Facility' 'integrated Development' 'bush Fire Safety Authority' 'development Consent Subject to Conditions']
['planning and Environment Law'] ['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'centre Based Child Care Facility' 'integrated Development' 'bush Fire Safety Authority' 'development Consent Subject to Conditions']

Case Brief

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Procedural Posture

Class 1 Development Appeal Concerning Deemed Refusal of a Development Application / Section 34 Conciliation Conference; Parties Reached Agreement and the Court Made Orders

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one 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 development application were satisfied.' 'Whether development application 642/2023/HC should be approved subject to conditions.']

Ratio Decidendi

Because the development application as amended had owner's consent, was adequately notified, complied with or satisfied the relevant State Environmental Planning Policies and planning controls, addressed remediation, childcare planning, water management, bush fire safety and servicing requirements, and the agreed conditions incorporated necessary approvals, the parties' agreed decision was one the Court could have made in the proper exercise of its functions; the appeal was therefore upheld and consent granted subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions; applicant to pay respondent's costs thrown away as agreed or assessed.

Orders

  • ["The applicant is to pay the respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed." 'The appeal is upheld.' 'Development application 642/2023/HC for a 126 place childcare centre, with a basement carpark comprising 41 car parking...