Leda Holdings Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1447

Leda Holdings Pty Ltd v Sutherland Shire Council [2023] NSWLEC 1447

Because the Court was satisfied that the amended development application satisfied the relevant jurisdictional prerequisites and that the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the agreement by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
11 August 2023
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. Da21/0054 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Agreement Between the Parties; Final Orders
Outcome
Appeal upheld; amended development application granted development consent subject to conditions; Applicant ordered to pay Respondent's costs thrown away as a result of the amendments.
Legal Topics
['class 1 Development Appeal' 'torrens Title Subdivision' 'industrial Development' 'conciliation Conference' 'jurisdictional Prerequisites' 'contamination and Remediation' 'acid Sulfate Soils' 'stormwater Management' 'electricity Infrastructure Referral' 'costs Thrown Away Due to Amendments']
['planning and Environment Law' 'development Consent' 'land Subdivision'] ['class 1 Development Appeal' 'torrens Title Subdivision' 'industrial Development' 'conciliation Conference' 'jurisdictional Prerequisites' 'contamination and Remediation' 'acid Sulfate Soils' 'stormwater Management' 'electricity Infrastructure Referral' 'costs Thrown Away Due to Amendments']

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. Da21/0054 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Agreement Between the Parties; Final Orders

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision 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 amended development application satisfied the relevant jurisdictional prerequisites for the grant of development consent.' 'Whether development consent should be granted for the amended development application subject to conditions.' "Whether the Applicant should pay the Respondent's costs thrown away as a result of the amendments."]

Ratio Decidendi

Because the Court was satisfied that the amended development application satisfied the relevant jurisdictional prerequisites and that the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the agreement by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; amended development application granted development consent subject to conditions; Applicant ordered to pay Respondent's costs thrown away as a result of the amendments.

Orders

  • ["The Applicant is to pay the Respondent's costs thrown away as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $10,000." 'The appeal is upheld.' 'Development Application No. DA21/0054 as amended, for the demolition of existing structures,...