Capolupo v Central Coast Council [2019] NSWLEC 1230

Capolupo v Central Coast Council [2019] NSWLEC 1230

Because landowner's consent had been provided, the Subject Site was adequately serviced by water and electricity, sewage and stormwater drainage arrangements were adequate, suitable vehicle access was available, and cl 7.9 of Wyong Local Environment Plan 2013 had been addressed, the parties' agreed decision to uphold the appeal and grant development consent subject to conditions 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 agreed decision.

Jurisdiction
Australia
Judgment Date
30 May 2019
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application / Conciliation Conference Agreement and Final Orders
Outcome
The appeal is upheld and development consent is granted subject to conditions.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'residential Flat Building' 'development Consent' 'essential Services']
['planning and Environment Law'] ['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'residential Flat Building' 'development Consent' 'essential Services']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application / Conciliation Conference Agreement and Final 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 precondition in cl 7.9 of Wyong Local Environment Plan 2013 concerning essential services and suitable vehicle access was satisfied before granting development consent.']

Ratio Decidendi

Because landowner's consent had been provided, the Subject Site was adequately serviced by water and electricity, sewage and stormwater drainage arrangements were adequate, suitable vehicle access was available, and cl 7.9 of Wyong Local Environment Plan 2013 had been addressed, the parties' agreed decision to uphold the appeal and grant development consent subject to conditions 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 agreed decision.

Court Disposition

The appeal is upheld and development consent is granted subject to conditions.

Orders

  • ['Leave is granted to the Applicant to rely on the amended architectural, landscaping and engineering plans referred to in condition 1 of Annexure "A".' "Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a consequence of...