Wehbi v Bayside Council [2020] NSWLEC 1002

Wehbi v Bayside Council [2020] NSWLEC 1002

Because the parties' agreed decision to uphold the appeal and grant consent subject to conditions was a decision the Court could have made in the proper exercise of its functions, and the amended plans satisfied the relevant jurisdictional matters with no further jurisdictional prerequisites remaining, the Court was required under 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
07 January 2020
Procedural Posture
Class 1 Development Application Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Between the Parties
Outcome
Appeal upheld; development application approved subject to conditions; Applicant to pay Respondent's costs thrown away.
Legal Topics
['development Application' 'conciliation Conference' 'subdivision' 'development Consent' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'subdivision' 'development Consent' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one 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 jurisdictional prerequisites for granting consent to the amended development application under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied.']

Ratio Decidendi

Because the parties' agreed decision to uphold the appeal and grant consent subject to conditions was a decision the Court could have made in the proper exercise of its functions, and the amended plans satisfied the relevant jurisdictional matters with no further jurisdictional prerequisites remaining, the Court was required under 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 approved subject to conditions; Applicant to pay Respondent's costs thrown away.

Orders

  • ['Leave is granted to the Applicant to rely upon the amended plans and documents attached to the agreement and marked Annexure "A".' "The Applicant is to pay the Respondent's costs thrown away as a result of the Applicant amending the application in the amount of $16,800.00 pursuant to section 8.15(3) of the...