Nero (Aust) Pty Limited v The Hills Shire Council [2020] NSWLEC 1394

Nero (Aust) Pty Limited v The Hills Shire Council [2020] NSWLEC 1394

Because the parties reached agreement on orders and the Commissioner was satisfied that the relevant jurisdictional prerequisites had been met and that the 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 the parties' decision.

Jurisdiction
Australia
Judgment Date
28 August 2020
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Orders Made by Agreement Under S 34(3)
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'centre Based Child Care Facility' 'development Consent' 'jurisdictional Prerequisites']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'centre Based Child Care Facility' 'development Consent' 'jurisdictional Prerequisites']

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Orders Made by Agreement Under S 34(3)

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one 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 jurisdictional prerequisites for granting development consent under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied.']

Ratio Decidendi

Because the parties reached agreement on orders and the Commissioner was satisfied that the relevant jurisdictional prerequisites had been met and that the 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 the parties' decision.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ["The applicant is granted leave to rely on the amended plans listed in Condition 1 at Annexure 'A' to this agreement." 'The appeal is upheld.' "Development Application No. DA//159/2020/HA for the demolition of existing structures and construction of a centre based child care facility (90 places) at Lot 78 in...