Lateral Estate Pty Limited v Georges River Council [2019] NSWLEC 1082

Lateral Estate Pty Limited v Georges River Council [2019] NSWLEC 1082

The agreement between the parties to grant development consent, subject to conditions, addresses all jurisdictional prerequisites under planning law, and is a decision the Court is empowered to make. The Court is therefore required to make orders in those terms under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
21 February 2019
Procedural Posture
Class 1 / Conciliation Conference Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions; costs order made.
Legal Topics
['development Application' 'consent Orders' 'jurisdictional Prerequisites' 'land Contamination' 'noise Impact' 'local Environmental Plan']
['planning and Environment'] ['development Application' 'consent Orders' 'jurisdictional Prerequisites' 'land Contamination' 'noise Impact' 'local Environmental Plan']

Case Brief

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Procedural Posture

Class 1 / Conciliation Conference Final Orders

Legal Issues

  1. 1 ["Whether the revised development plans address Council's original contentions against approval" 'Whether jurisdictional prerequisites under SEPP Infrastructure and SEPP 55 are satisfied']

Ratio Decidendi

The agreement between the parties to grant development consent, subject to conditions, addresses all jurisdictional prerequisites under planning law, and is a decision the Court is empowered to make. The Court is therefore required to make orders in those terms under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs order made.

Orders

  • ['The applicant is granted leave to rely on the amended plans referred to in Annexure A.' "The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in regard to the agreed amount of $13,000 within 28 days of the date of the signed...