Monterey Equity Pty Limited v Bayside Council [2023] NSWLEC 1718

Monterey Equity Pty Limited v Bayside Council [2023] NSWLEC 1718

Because the parties reached a s 34 agreement to amend the consent conditions and enter into a Voluntary Planning Agreement, and the Court was satisfied on the material that all jurisdictional prerequisites were met and there was no jurisdictional impediment, the agreed decision was one the Court could have made in the proper exercise of its functions and the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
29 November 2023
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 Conciliation Conference Agreement
Outcome
Appeal upheld; development consent granted subject to conditions in Annexure A.
Legal Topics
['development Appeal' 'integrated Development' 'residential Aged Care Facility' 'development Contributions' 'voluntary Planning Agreement' 'section 34 Conciliation Conference' 'development Consent Conditions']
['planning and Environment Law'] ['development Appeal' 'integrated Development' 'residential Aged Care Facility' 'development Contributions' 'voluntary Planning Agreement' 'section 34 Conciliation Conference' 'development Consent Conditions']

Case Brief

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 Conciliation Conference Agreement

Legal Issues

  1. 1 ["Whether the Court could dispose of the Class 1 appeal in accordance with the parties' s 34 conciliation agreement." 'Whether there was any jurisdictional impediment to deleting condition No 29 requiring a s 7.11 contribution and inserting condition No 9A concerning a Voluntary Planning Agreement.' 'Whether development consent could be granted for Development Application No. 2021/95 subject to the agreed amended conditions.']

Ratio Decidendi

Because the parties reached a s 34 agreement to amend the consent conditions and enter into a Voluntary Planning Agreement, and the Court was satisfied on the material that all jurisdictional prerequisites were met and there was no jurisdictional impediment, the agreed decision was one the Court could have made in the proper exercise of its functions and the Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Consent is granted to Development Application No. 2021/95 for the demolition of existing structures and construction of a part 2 and part 3 storey residential aged care facility comprising 112 rooms (115 beds), basement level parking, front fencing and signage at 119 Barton...