Salem v Georges River Council [2022] NSWLEC 1408

Salem v Georges River Council [2022] NSWLEC 1408

Because the parties reached agreement to uphold the appeal and grant consent subject to conditions, and the Court was satisfied that the relevant jurisdictional prerequisites had been met and that the 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 proceedings to be disposed of in accordance with the parties' decision.

Jurisdiction
Australia
Judgment Date
03 August 2022
Procedural Posture
Class 1 Development Appeal / Section 34 Conciliation Conference; Agreement Between the Parties; Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions; Applicant to pay Respondent's costs thrown away as agreed or assessed.
Legal Topics
['development Appeal' 'boarding House Development' 'conciliation Conference' 'development Consent' 'jurisdictional Prerequisites' 'costs Thrown Away']
['planning and Environment Law'] ['development Appeal' 'boarding House Development' 'conciliation Conference' 'development Consent' 'jurisdictional Prerequisites' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Section 34 Conciliation Conference; Agreement Between the Parties; Final Orders

Legal Issues

  1. 1 ['Whether the Court should uphold an appeal against the deemed refusal of Development Application DA2021/0295.' "Whether the parties' agreed decision to grant development consent subject to conditions 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 prerequisites for granting consent to the amended boarding house development were satisfied.']

Ratio Decidendi

Because the parties reached agreement to uphold the appeal and grant consent subject to conditions, and the Court was satisfied that the relevant jurisdictional prerequisites had been met and that the 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 proceedings to be disposed of in accordance with the parties' decision.

Court Disposition

Appeal upheld; development consent granted subject to conditions; Applicant to pay Respondent's costs thrown away as agreed or assessed.

Orders

  • ['The appeal is upheld.' "Development Consent is granted to DA2021/0295 for demolition of existing structures, tree removal and construction of a 6-storey mixed use development comprising a ground floor commercial tenancy, a 40 room Boarding House including a communal room, managers room and associated amenities...