Old Northern Investments Pty Ltd (Formerly known as Cyprto Property Pty Ltd) v The Hills Shire Council [2019] NSWLEC 1309

Old Northern Investments Pty Ltd (Formerly known as Cyprto Property Pty Ltd) v The Hills Shire Council [2019] NSWLEC 1309

Because the amended plans and agreed conditions satisfied the relevant jurisdictional requirements, addressed the relevant planning instruments and development controls, and resolved the traffic, acoustic, amenity, parking, waste management and landscaping issues to the parties' satisfaction, there was no jurisdictional impediment and the agreed decision was one the Court could make; the appeal was therefore upheld and development consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
03 July 2019
Procedural Posture
Class 1 Appeal Against a Deemed Refusal of Development Application DA 106/2019/ha 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; Parties Reached Agreement and the Court Made Orders
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'child Care Centre' 'conciliation Conference' 'noise Impact' 'traffic Impact Risk Mitigation' 'car Park Adequacy' 'remediation of Land' 'development Control Plan Compliance']
['planning and Environment Law' 'development Consent'] ['development Application' 'child Care Centre' 'conciliation Conference' 'noise Impact' 'traffic Impact Risk Mitigation' 'car Park Adequacy' 'remediation of Land' 'development Control Plan Compliance']

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Procedural Posture

Class 1 Appeal Against a Deemed Refusal of Development Application DA 106/2019/ha 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; Parties Reached Agreement and the Court Made Orders

Legal Issues

  1. 1 ["Whether the parties' agreed decision to uphold the appeal and grant development consent with conditions 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 amended plans and proposed conditions satisfied the relevant requirements under s 4.15(1) of the Environmental Planning and Assessment Act 1979, including the SEPP Child Care, SEPP Remediation, Hills Local Environmental Plan 2012 and Hills Development Control Plan 2012.' 'Whether potential traffic, acoustic, amenity, parking, waste management and landscaping impacts were adequately addressed.']

Ratio Decidendi

Because the amended plans and agreed conditions satisfied the relevant jurisdictional requirements, addressed the relevant planning instruments and development controls, and resolved the traffic, acoustic, amenity, parking, waste management and landscaping issues to the parties' satisfaction, there was no jurisdictional impediment and the agreed decision was one the Court could make; the appeal was therefore upheld and development consent granted subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The Applicant is granted leave to amend its development application to rely upon the listed amended plans and material.' "The Applicant is to pay the Respondent's costs as agreed or assessed arising under s 8.15(3) of the Environment Planning and Assessment Act 1979." 'The appeal is upheld.' "Development...