Lismore Venture Pty Ltd v Byron Shire Council [2020] NSWLEC 1299

Lismore Venture Pty Ltd v Byron Shire Council [2020] NSWLEC 1299

Because the Commissioner was satisfied that the jurisdictional pre-requisites had been met, including permissibility under Byron Local Environmental Plan 2014, compliance or consideration of relevant provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009, notification and public submissions, earthworks, essential services and contamination matters, the parties' agreed decision was one the Court could have made in the proper exercise of its functions. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
15 July 2020
Procedural Posture
Class 1 Appeal Against Refusal of a Development Application / Conciliation Conference Agreement and Final Orders
Outcome
Appeal upheld; development application approved subject to conditions; Applicant ordered to pay Respondent's costs thrown away.
Legal Topics
['development Application' 'affordable Rental Housing' 'multi Dwelling Housing' 'conciliation Conference' 'consent Orders' 'costs Thrown Away']
['planning and Environment Law' 'land and Environment Court Proceedings'] ['development Application' 'affordable Rental Housing' 'multi Dwelling Housing' 'conciliation Conference' 'consent Orders' 'costs Thrown Away']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Against Refusal of a Development Application / Conciliation Conference Agreement and Final Orders

Legal Issues

  1. 1 ["Whether the parties' agreement following the conciliation conference 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 jurisdictional pre-requisites for granting consent to Development Application 10.2019.458.1 were satisfied.' 'Whether the appeal should be upheld and development consent granted subject to conditions.']

Ratio Decidendi

Because the Commissioner was satisfied that the jurisdictional pre-requisites had been met, including permissibility under Byron Local Environmental Plan 2014, compliance or consideration of relevant provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009, notification and public submissions, earthworks, essential services and contamination matters, the parties' agreed decision was one the Court could have made in the proper exercise of its functions. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development application approved subject to conditions; Applicant ordered to pay Respondent's costs thrown away.

Orders

  • ["Leave is granted to the Applicant to rely upon the amended plans listed in Condition 1 at Annexure 'A'." 'Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the costs of the Respondent that were thrown away as a result of amending the development application...