MTT Development Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1408

MTT Development Pty Ltd v Sutherland Shire Council [2021] NSWLEC 1408

The Commissioner was satisfied that the relevant jurisdictional prerequisites had been met, including requirements relating to contamination, BASIX, Georges River Catchment, SEPP 65, Sutherland Local Environmental Plan 2015 and notification. Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, 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
19 July 2021
Procedural Posture
Class 1 Appeal Against Refusal of Development Application Da20/0766 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Orders by Consent
Outcome
Appeal upheld; Development Application DA20/0766 approved subject to the conditions contained in Annexure 'A'.
Legal Topics
['development Application' 'residential Flat Building' 'conciliation Conference' 'consent Orders' 'jurisdictional Prerequisites' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'residential Flat Building' 'conciliation Conference' 'consent Orders' 'jurisdictional Prerequisites' 'costs Thrown Away']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application Da20/0766 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Orders by Consent

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreed decision under s 34(3) of the Land and Environment Court Act 1979." 'Whether the jurisdictional prerequisites for granting consent to the proposed development under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied.' 'Whether Development Application DA20/0766 should be approved subject to conditions.']

Ratio Decidendi

The Commissioner was satisfied that the relevant jurisdictional prerequisites had been met, including requirements relating to contamination, BASIX, Georges River Catchment, SEPP 65, Sutherland Local Environmental Plan 2015 and notification. Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, 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 DA20/0766 approved subject to the conditions contained in Annexure 'A'.

Orders

  • ["The Applicant be granted leave to rely on the plans described in condition 1 of Annexure 'A'." "The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) in the amount of $3,000 within 28 days from the date of these orders." 'The appeal is upheld.' "Development Application DA20/0766 for the...