Place Studio Au Pty Ltd v Campbelltown City Council [2022] NSWLEC 1350

Place Studio Au Pty Ltd v Campbelltown City Council [2022] NSWLEC 1350

Because the applicable jurisdictional prerequisites had been addressed and the parties' 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 by upholding the appeal and granting development consent to the amended application subject to conditions.

Jurisdiction
Australia
Judgment Date
06 July 2022
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No 260/2020/da C / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted to Development Application Number 260/2020/DA-C, as amended, subject to conditions in Annexure A; applicant to pay respondent's costs thrown away as agreed or assessed.
Legal Topics
['development Application Refusal Appeal' 'conciliation Conference Agreement' 'subdivision' 'child Care Centre' 'jurisdictional Prerequisites for Development Consent']
['environmental Planning and Assessment' 'development Consent' 'land and Environment Court Procedure'] ['development Application Refusal Appeal' 'conciliation Conference Agreement' 'subdivision' 'child Care Centre' 'jurisdictional Prerequisites for Development Consent']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No 260/2020/da C / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision to uphold the appeal and grant development consent to the amended development application was a decision the Court could have made in the proper exercise of its functions." 'Whether the relevant jurisdictional prerequisites under the applicable environmental planning instruments, regulations and the Environmental Planning and Assessment Act 1979 were satisfied.']

Ratio Decidendi

Because the applicable jurisdictional prerequisites had been addressed and the parties' 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 by upholding the appeal and granting development consent to the amended application subject to conditions.

Court Disposition

Appeal upheld; development consent granted to Development Application Number 260/2020/DA-C, as amended, subject to conditions in Annexure A; applicant to pay respondent's costs thrown away as agreed or assessed.

Orders

  • ['The appeal is upheld.' "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, as agreed or assessed." 'Development Application Number 260/2020/DA-C for subdivision of land to create 4 allotments, construction of a child care centre...