Platino Properties Pty Ltd v Northern Beaches Council [2023] NSWLEC 1186

Platino Properties Pty Ltd v Northern Beaches Council [2023] NSWLEC 1186

Because the parties reached agreement at a s 34 conciliation conference, the amended application was before the Court with the Council's consent, and the Court was satisfied on the evidence that statutory preconditions were met and that the agreed decision was one the Court could have made in the proper exercise of its functions, the appeal was upheld and development consent was granted subject to conditions.

Jurisdiction
Australia
Judgment Date
20 April 2023
Procedural Posture
Class 1 Development Application Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No 2021/0212 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; Development Application No 2021/0212 determined by grant of consent subject to conditions of consent at Annexure A.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'seniors Housing' 'development Consent' 'bushfire Prone Land' 'amended Plans']
['environmental Planning and Development' 'land and Environment'] ['development Application Appeal' 'conciliation Conference' 'seniors Housing' 'development Consent' 'bushfire Prone Land' 'amended Plans']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No 2021/0212 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement reached at a conciliation conference under s 34 of the Land and Environment Court Act 1979." 'Whether the Court could properly exercise its functions under s 4.16 of the Environmental Planning and Assessment Act 1979 to grant consent to the amended development application.' 'Whether statutory preconditions for consent were satisfied, including under State Environmental Planning Policy (Housing for Seniors and People with a Disability) 2004, State Environmental Planning Policy (Resilience and Hazards) 2021 and the Rural Fires Act 1997.']

Ratio Decidendi

Because the parties reached agreement at a s 34 conciliation conference, the amended application was before the Court with the Council's consent, and the Court was satisfied on the evidence that statutory preconditions were met and that the agreed decision was one the Court could have made in the proper exercise of its functions, the appeal was upheld and development consent was granted subject to conditions.

Court Disposition

Appeal upheld; Development Application No 2021/0212 determined by grant of consent subject to conditions of consent at Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application No 2021/0212 for demolition of the existing structures, construction of two buildings ranging in height from 3 storeys to 7 storeys and containing 98 independent living units including 10 units for disability housing to be operated by Project Independence, and 4...