Mogul Stud Pty Ltd v The Hills Shire Council [2020] NSWLEC 1113

Mogul Stud Pty Ltd v The Hills Shire Council [2020] NSWLEC 1113

Because the parties' agreed decision to uphold the appeal and grant development consent subject to conditions was a decision the Court could have made in the proper exercise of its functions, and the Court was satisfied that the relevant planning and statutory prerequisites were met, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
12 March 2020
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of a Development Application / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Orders by Agreement
Outcome
Appeal upheld; development application approved subject to conditions; listed hearing dates vacated.
Legal Topics
['development Application' 'development Consent' 'deemed Refusal' 'conciliation Conference' 'mixed Use Development' 'advertising and Signage' 'remediation of Land' 'growth Centres Planning Controls' 'hawkesbury Nepean River Planning Controls']
['planning and Environment Law'] ['development Application' 'development Consent' 'deemed Refusal' 'conciliation Conference' 'mixed Use Development' 'advertising and Signage' 'remediation of Land' 'growth Centres Planning Controls' 'hawkesbury Nepean River Planning Controls']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of a Development Application / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Orders by Agreement

Legal Issues

  1. 1 ["Whether the parties' agreed decision to uphold the appeal and 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 under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied.' 'Whether the proposed development satisfied relevant requirements under State Environmental Planning Policy No 55—Remediation of Land, State Environmental Planning Policy (Sydney Region Growth Centres) 2006, Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997), and State Environmental Planning Policy No. 64—Advertising and Signage.']

Ratio Decidendi

Because the parties' agreed decision to uphold the appeal and grant development consent subject to conditions was a decision the Court could have made in the proper exercise of its functions, and the Court was satisfied that the relevant planning and statutory prerequisites were met, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; development application approved subject to conditions; listed hearing dates vacated.

Orders

  • ['The Applicant is granted leave to amend Development Application No. 407/2019/JP and rely upon the amended plans listed in the orders.' 'The appeal is upheld.' "Development Application No. 407/2019/JP for the construction of a mixed use development comprising 1 major supermarket retailer, 1 mini major retailer, 19...