Mintilakis v Sutherland Shire Council [2024] NSWLEC 1358

Mintilakis v Sutherland Shire Council [2024] NSWLEC 1358

Because the parties reached agreement at the conciliation conference, identified the relevant jurisdictional prerequisites, and the Commissioner was satisfied that the agreed grant of development consent subject to conditions was a decision the Court could have made in the proper exercise of its functions, the Court was 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
27 June 2024
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No Da22/0759 / Orders Following S 34 AA Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application DA22/0759, as amended, determined by grant of development consent subject to conditions.
Legal Topics
['development Application Appeal' 'alterations and Additions to Dwelling' 'conciliation Conference' 'section 34 Agreement' 'jurisdictional Prerequisites' 'building Height' 'acid Sulfate Soils' 'earthworks' 'stormwater Management' 'environmentally Sensitive Land' 'foreshore Area' 'landscaped Area' 'urban Design' 'view Loss' 'basix' 'coastal Environmental Area' 'coastal Use Area' 'site Contamination' 'aboriginal Cultural Heritage']
['planning and Environment Law' 'development Consent'] ['development Application Appeal' 'alterations and Additions to Dwelling' 'conciliation Conference' 'section 34 Agreement' 'jurisdictional Prerequisites' 'building Height' 'acid Sulfate Soils' 'earthworks' 'stormwater Management' 'environmentally Sensitive Land' 'foreshore Area' 'landscaped Area' 'urban Design' 'view Loss' 'basix' 'coastal Environmental Area' 'coastal Use Area' 'site Contamination' 'aboriginal Cultural Heritage']

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No Da22/0759 / Orders Following S 34 AA Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the agreed decision to grant development consent to Development Application DA22/0759, as amended, 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 relevant jurisdictional prerequisites and planning controls had been considered or satisfied, including provisions of the Sutherland Shire Local Environmental Plan 2015 and applicable State Environmental Planning Policies.']

Ratio Decidendi

Because the parties reached agreement at the conciliation conference, identified the relevant jurisdictional prerequisites, and the Commissioner was satisfied that the agreed grant of development consent subject to conditions was a decision the Court could have made in the proper exercise of its functions, the Court was 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 DA22/0759, as amended, determined by grant of development consent subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application DA22/0759, as amended, for the alterations and additions to the existing dwelling, comprising a new upper floor and other associated works at 409 Willarong Road, Caringbah South, is determined by the grant of development consent subject to the conditions set out in...