Mick Riff Railway Pty Ltd v City of Parramatta Council [2024] NSWLEC 1538

Mick Riff Railway Pty Ltd v City of Parramatta Council [2024] NSWLEC 1538

The parties reached agreement to grant development consent to the amended Development Application subject to conditions; the Respondent consented to the amendment; the parties identified no jurisdictional prerequisites preventing the Court from acting under s 34(3); and the Commissioner was satisfied that the proposed decision was one the Court could make in the proper exercise of its functions. The Court therefore disposed of the proceedings in accordance with the agreement, upheld the appeal, granted development consent subject to conditions, and ordered the Applicant to pay agreed thrown away costs.

Jurisdiction
Australia
Judgment Date
03 September 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. 980/2022 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Agreement Reached
Outcome
Appeal upheld; Development Application DA/980/2022, as amended, determined by grant of Development Consent subject to conditions; Applicant ordered to pay agreed thrown away costs.
Legal Topics
['development Application' 'child Care Centre' 'amended Plans' 'conciliation Conference' 'costs Thrown Away' 'jurisdictional Prerequisites']
['planning and Environment Law' 'development Consent'] ['development Application' 'child Care Centre' 'amended Plans' 'conciliation Conference' 'costs Thrown Away' 'jurisdictional Prerequisites']

Case Brief

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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. 980/2022 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Agreement Reached

Legal Issues

  1. 1 ["Whether the Court could grant development consent to the amended Development Application in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether jurisdictional prerequisites relevant to the amended Development Application were satisfied.' "Whether the Applicant should pay the Respondent's costs thrown away as a result of the Amended Development Application."]

Ratio Decidendi

The parties reached agreement to grant development consent to the amended Development Application subject to conditions; the Respondent consented to the amendment; the parties identified no jurisdictional prerequisites preventing the Court from acting under s 34(3); and the Commissioner was satisfied that the proposed decision was one the Court could make in the proper exercise of its functions. The Court therefore disposed of the proceedings in accordance with the agreement, upheld the appeal, granted development consent subject to conditions, and ordered the Applicant to pay agreed thrown away costs.

Court Disposition

Appeal upheld; Development Application DA/980/2022, as amended, determined by grant of Development Consent subject to conditions; Applicant ordered to pay agreed thrown away costs.

Orders

  • ['Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that have been thrown away as a result of the Amended Development Application, as agreed, in the amount of $4,500.00.' 'The appeal is upheld.' 'Development Application DA/980/2022, as...