Oriental Project Pty Ltd v Mosman Municipal Council [2021] NSWLEC 1432

Oriental Project Pty Ltd v Mosman Municipal Council [2021] NSWLEC 1432

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision to grant development consent to the amended application subject to conditions was one the Court could make in the proper exercise of its functions, including because the identified jurisdictional preconditions were met, the proceedings were disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
30 July 2021
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; leave granted to amend the development application; development consent granted subject to conditions; applicant ordered to pay respondent's costs thrown away.
Legal Topics
['development Application Appeal' 'multi Dwelling Housing' 'development Consent' 'conciliation Conference' 'costs Thrown Away']
['planning and Environment Law'] ['development Application Appeal' 'multi Dwelling Housing' 'development Consent' 'conciliation Conference' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether leave should be granted to amend the development application and rely on amended plans.' 'Whether, following agreement under s 34(3) of the Land and Environment Court Act 1979, the Court could grant development consent to the amended application subject to conditions.' 'Whether the jurisdictional preconditions for approval of the development application were met.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision to grant development consent to the amended application subject to conditions was one the Court could make in the proper exercise of its functions, including because the identified jurisdictional preconditions were met, the proceedings were disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; leave granted to amend the development application; development consent granted subject to conditions; applicant ordered to pay respondent's costs thrown away.

Orders

  • ['The applicant is granted leave to amend the development application and rely on the amended plans referred to in Condition 1 of Annexure "A".' "The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $5,000 within 28...