Nicholas v Blacktown City Council [2020] NSWLEC 1271

Nicholas v Blacktown City Council [2020] NSWLEC 1271

Because the amended plans, supporting documents and agreed conditions resolved the Council's contentions and satisfied the relevant jurisdictional requirements, including SEPP 55, SEPP Infrastructure and the Blacktown Local Environmental Plan 2015, the parties' agreed decision was one the Court could have made in the proper exercise of its functions and the proceedings had to be disposed of in accordance with that decision under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
26 June 2020
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application No. DA 19 00280 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; Orders by Agreement Under S 34(3)
Outcome
Appeal upheld; Development Application No. DA 19-00280 as amended approved subject to conditions; leave granted to amend; applicant to pay respondent's costs thrown away.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'torrens Title Subdivision' 'conciliation Conference' 'consent Orders' 'jurisdictional Prerequisites']
['environmental Planning and Development' 'land and Environment Court Proceedings'] ['development Application' 'deemed Refusal Appeal' 'torrens Title Subdivision' 'conciliation Conference' 'consent Orders' 'jurisdictional Prerequisites']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application No. DA 19 00280 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; Orders by Agreement Under S 34(3)

Legal Issues

  1. 1 ["Whether the parties' agreed decision to uphold the appeal and grant consent to Development Application No. DA 19-00280 was a decision the Court could have made in the proper exercise of its functions." 'Whether the proposed subdivision satisfied the relevant jurisdictional prerequisites under s 4.15(1) of the Environmental Planning and Assessment Act 1979, including SEPP Infrastructure, SEPP 55 and the Blacktown Local Environmental Plan 2015.' 'Whether there were unreasonable impacts on adjoining properties or unresolved objections to the proposed subdivision.']

Ratio Decidendi

Because the amended plans, supporting documents and agreed conditions resolved the Council's contentions and satisfied the relevant jurisdictional requirements, including SEPP 55, SEPP Infrastructure and the Blacktown Local Environmental Plan 2015, the parties' agreed decision was one the Court could have made in the proper exercise of its functions and the proceedings had to be disposed of in accordance with that decision under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; Development Application No. DA 19-00280 as amended approved subject to conditions; leave granted to amend; applicant to pay respondent's costs thrown away.

Orders

  • ['The applicant is granted leave to amend Development Application No. DA-19-00280 and to rely upon the amended plans and documents listed in the orders.' "The Applicant to pay the Respondent's costs thrown away on an as agreed or assessed basis in accordance with section 8.15(3) of the Environmental Planning and...