Optima Developments Pty Ltd v Hawkesbury City Council [2024] NSWLEC 1616

Optima Developments Pty Ltd v Hawkesbury City Council [2024] NSWLEC 1616

All relevant statutory prerequisites for grant of development consent to the amended application have been satisfied; therefore, the Court is obliged to and does order in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979, including upholding the appeal, approving the development subject to agreed conditions, and making provision for costs.

Parties
Applicant: Optima Developments Pty Ltd; First Respondent: Hawkesbury City Council; Second Respondent: P Chandler
Jurisdiction
Australia
Judgment Date
02 October 2024
Procedural Posture
Class 1 Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions; costs order made against Applicant.
Legal Topics
Development Application, Conciliation Conference, Designated Development, Integrated Development, Environmental Assessment, Jurisdictional Approval, Land Zoning and Permissibility, Costs
Planning and Environment Law Administrative Law Development Application Conciliation Conference Designated Development Integrated Development Environmental Assessment Jurisdictional Approval +2 more

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Parties

Optima Developments Pty Ltd

Applicant

Hawkesbury City Council

First Respondent

P Chandler

Second Respondent

Procedural Posture

Class 1 Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 Whether the Court can make orders in accordance with the parties' agreement for development consent under relevant environmental planning statutes
  2. 2 Whether jurisdictional prerequisites for development consent are met in relation to the amended development application DA 0011/23
  3. 3 Whether statutory provisions covering integrated and designated development, environmental impact, biodiversity, koala habitat, contamination, and local planning controls are satisfied

Ratio Decidendi

All relevant statutory prerequisites for grant of development consent to the amended application have been satisfied; therefore, the Court is obliged to and does order in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979, including upholding the appeal, approving the development subject to agreed conditions, and making provision for costs.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs order made against Applicant.

Orders

  • The Applicant is to pay, within 28 days of these orders, the Respondent's costs thrown away as a result of the amendment to the development application, agreed at $17500, pursuant to s 8.15(3) of Environmental Planning and Assessment Act 1979.
  • The appeal is upheld.