Nakar Property Pty Ltd v Wingecarribee Shire Council [2024] NSWLEC 1206

Nakar Property Pty Ltd v Wingecarribee Shire Council [2024] NSWLEC 1206

The Court was satisfied, on the basis of the parties' jurisdictional statement and the evidence, that the relevant jurisdictional prerequisites were met and that the agreed decision to grant consent to the amended development application was one the Court could have made in the proper exercise of its functions; accordingly, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
19 April 2024
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application No. 24/0055 / Orders Made Following S 34 Conciliation Conferences and Agreement Between the Parties
Outcome
The appeal is upheld and Development Application No 24/0055, as amended, is determined by the grant of consent subject to conditions; the Applicant is ordered to pay the Respondent's costs of $7,000.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'natural Gas Powered Electricity Generating Plant' 'conciliation Conference' 'development Consent' 'jurisdictional Prerequisites' 'costs']
['planning and Environment Law'] ['development Application' 'deemed Refusal Appeal' 'natural Gas Powered Electricity Generating Plant' 'conciliation Conference' 'development Consent' 'jurisdictional Prerequisites' 'costs']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application No. 24/0055 / Orders Made Following S 34 Conciliation Conferences and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision that 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 the jurisdictional prerequisites for granting consent to the amended development application were satisfied.' 'Whether Development Application No 24/0055, as amended, should be determined by the grant of consent subject to conditions.']

Ratio Decidendi

The Court was satisfied, on the basis of the parties' jurisdictional statement and the evidence, that the relevant jurisdictional prerequisites were met and that the agreed decision to grant consent to the amended development application was one the Court could have made in the proper exercise of its functions; accordingly, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with the parties' agreement.

Court Disposition

The appeal is upheld and Development Application No 24/0055, as amended, is determined by the grant of consent subject to conditions; the Applicant is ordered to pay the Respondent's costs of $7,000.

Orders

  • ["The Applicant shall pay the Respondent's costs pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $7,000 within 14 days of the date of this order." 'The applicant is directed to file the amended development application the subject of Order (4) within 7 days of the date of...