Parker Logan Property Pty Ltd v Bayside Council [2021] NSWLEC 1163

Parker Logan Property Pty Ltd v Bayside Council [2021] NSWLEC 1163

Because the parties agreed that the applicant satisfied the deferred commencement condition within the period of consent, there were no jurisdictional impediments, and the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
07 April 2021
Procedural Posture
Class 1 Appeal Against Deemed Refusal for Satisfaction of a Deferred Commencement Condition / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
The appeal was upheld; the deferred commencement conditions of the 2018 Consent were found satisfied; and the 2018 Consent is in force and operates from the date of the orders.
Legal Topics
['deferred Commencement Condition' 'development Application' 'conciliation Conference' 'deemed Refusal' 'boarding House and Retail Development']
['environmental Planning and Assessment' 'development Consent' 'land and Environment Court Procedure'] ['deferred Commencement Condition' 'development Application' 'conciliation Conference' 'deemed Refusal' 'boarding House and Retail Development']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal for Satisfaction of a Deferred Commencement Condition / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the deferred commencement condition annexed to development consent DA 2017/194 was satisfied.' "Whether the parties' agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." "Whether the 2018 Consent should become operational from the date of the Court's orders."]

Ratio Decidendi

Because the parties agreed that the applicant satisfied the deferred commencement condition within the period of consent, there were no jurisdictional impediments, and the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Court Disposition

The appeal was upheld; the deferred commencement conditions of the 2018 Consent were found satisfied; and the 2018 Consent is in force and operates from the date of the orders.

Orders

  • ['The appeal is upheld.' 'The deferred commencement conditions of development consent DA 2017/194 granted by the Land and Environment Court on 31 January 2018 for the demolition of existing structures and construction of a boarding house with 79 rooms and a retail area on the ground floor at 295-301 Bay Street,...