White v City of Ryde Council [2024] NSWLEC 1313

White v City of Ryde Council [2024] NSWLEC 1313

The Court was satisfied that the agreed decision to uphold the appeal and grant development consent, subject to conditions, was one the Court could have made in the proper exercise of its functions because the relevant jurisdictional prerequisites had been addressed, including permissibility in the R2 zone, owner consent, transitional application of the regulations, vegetation clearing, contamination suitability, child care planning requirements, floor space ratio, heritage and earthworks. Under s 34(3) of the Land and Environment Court Act 1979, the Court was therefore required to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
11 June 2024
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Lda2021/0445 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Parties Reached Agreement as to Orders
Outcome
Appeal upheld; development consent granted subject to conditions; Applicant to pay Respondent's costs thrown away as a result of the amendment in the agreed sum of $5,000.
Legal Topics
['development Appeal' 'centre Based Child Care Facility' 'development Consent' 'conciliation Conference' 'jurisdictional Prerequisites' 'traffic Impacts' 'acoustic Impacts' 'child Care Planning Guideline']
['environmental Planning and Development' 'land and Environment'] ['development Appeal' 'centre Based Child Care Facility' 'development Consent' 'conciliation Conference' 'jurisdictional Prerequisites' 'traffic Impacts' 'acoustic Impacts' 'child Care Planning Guideline']

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Lda2021/0445 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Parties Reached Agreement as to Orders

Legal Issues

  1. 1 ["Whether the parties' agreed decision to uphold the appeal and grant development consent 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 the jurisdictional prerequisites for granting consent to Development Application LDA2021/0445 were satisfied.' 'Whether the proposed centre-based child care facility was permissible with consent and satisfied relevant planning controls, including contamination, vegetation, child care, floor space ratio, heritage and earthworks considerations.']

Ratio Decidendi

The Court was satisfied that the agreed decision to uphold the appeal and grant development consent, subject to conditions, was one the Court could have made in the proper exercise of its functions because the relevant jurisdictional prerequisites had been addressed, including permissibility in the R2 zone, owner consent, transitional application of the regulations, vegetation clearing, contamination suitability, child care planning requirements, floor space ratio, heritage and earthworks. Under s 34(3) of the Land and Environment Court Act 1979, the Court was therefore required to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions; Applicant to pay Respondent's costs thrown away as a result of the amendment in the agreed sum of $5,000.

Orders

  • ['The appeal is upheld.' 'Development Application LDA2021/0445 for the construction and operation of a part 2/part 3 level centre-based child care facility catering for up to 48 children serviced by 11 on-site car parking spaces and associated landscaping and stormwater management works, at Lot 10 DP 7159 known as 5...