Orion Consulting Engineers v Blacktown City Council [2020] NSWLEC 1054

Orion Consulting Engineers v Blacktown City Council [2020] NSWLEC 1054

Because the parties had reached agreement, the development was permissible with consent, land owner consent had been provided, contamination and remediation requirements were addressed by the submitted report and conditions, and no further referral, concurrence or integrated development approval was required, the agreed decision was one the Court could have made in the proper exercise of its functions; the Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
07 February 2020
Procedural Posture
Class 1 Appeal Against Deemed Refusal of a Development Application / Conciliation Conference; Agreement Between the Parties; Final Orders
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'deemed Refusal' 'conciliation Conference' 'subdivision Into Torrens Title Residential Lots' 'site Contamination Remediation' 'jurisdictional Prerequisites for Consent']
['planning and Environment Law' 'development Consent' 'land Subdivision'] ['development Application' 'deemed Refusal' 'conciliation Conference' 'subdivision Into Torrens Title Residential Lots' 'site Contamination Remediation' 'jurisdictional Prerequisites for Consent']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of a Development Application / Conciliation Conference; Agreement Between the Parties; Final Orders

Legal Issues

  1. 1 ['Whether the Court could grant development consent to Development Application No DA-18-01789 in the proper exercise of its functions.' 'Whether the jurisdictional prerequisites for consent, including land owner consent, permissibility under planning controls, contamination considerations and referral or concurrence requirements, were satisfied.' "Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

Because the parties had reached agreement, the development was permissible with consent, land owner consent had been provided, contamination and remediation requirements were addressed by the submitted report and conditions, and no further referral, concurrence or integrated development approval was required, the agreed decision was one the Court could have made in the proper exercise of its functions; the Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the agreement.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The Applicant is granted leave to amend Development Application No. DA-18-01789 and to rely upon the amended plans and documents behind Annexure "A".' "The Applicant is to pay the Respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act in the amount of...