MYGA Investments Pty Ltd v Waverley Council [2022] NSWLEC 1023

MYGA Investments Pty Ltd v Waverley Council [2022] NSWLEC 1023

The amended proposal was permissible with consent in the R3 Medium Density Residential zone, complied with or acceptably addressed relevant planning controls, stormwater and contamination matters had been satisfactorily addressed, the likely impacts were acceptable, the site was suitable, and the proposal was in the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 January 2022
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application DA 7/2021 / Hearing After Conciliation Conference; Parties Reached Agreement and the Court Made Directions
Outcome
Directions made requiring lodgement of the Amended Application on the NSW Planning Portal; no final development consent order was made in the extracted orders.
Legal Topics
['development Application Appeal' 'deemed Refusal' 'townhouse Development' 'section 34 Agreement' 'jurisdictional Prerequisites for Consent' 'environmental Planning Instruments' 'contamination Assessment' 'stormwater' 'public Interest']
['planning and Environment Law' 'development Consent'] ['development Application Appeal' 'deemed Refusal' 'townhouse Development' 'section 34 Agreement' 'jurisdictional Prerequisites for Consent' 'environmental Planning Instruments' 'contamination Assessment' 'stormwater' 'public Interest']

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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 Development Application DA 7/2021 / Hearing After Conciliation Conference; Parties Reached Agreement and the Court Made Directions

Legal Issues

  1. 1 ["Whether the parties' agreed decision 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 jurisdictional prerequisites for granting development consent to the amended proposal were satisfied.' 'Whether the amended proposal was permissible with consent and acceptable having regard to relevant planning controls, impacts, site suitability and the public interest.']

Ratio Decidendi

The amended proposal was permissible with consent in the R3 Medium Density Residential zone, complied with or acceptably addressed relevant planning controls, stormwater and contamination matters had been satisfactorily addressed, the likely impacts were acceptable, the site was suitable, and the proposal was in the public interest. Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) required the proceedings to be disposed of in accordance with that decision, but directions were made for lodgement of the amended application on the NSW Planning Portal before judgment could be made.

Court Disposition

Directions made requiring lodgement of the Amended Application on the NSW Planning Portal; no final development consent order was made in the extracted orders.

Orders

  • ['The applicant is to lodge the Amended Application referred to above on the NSW Planning portal, within seven days of the date of these orders, and notify the respondent after it has been lodged.' 'In the event the applicant is unable to lodge the Amended Application on the NSW planning portal in accordance with...