White v Wingecarribee Shire Council [2023] NSWLEC 1084

White v Wingecarribee Shire Council [2023] NSWLEC 1084

Having considered the evidence, the amended plans, the parties' agreement, the Statement of Jurisdictional Issues, and the relevant statutory preconditions, the Commissioner was satisfied that the agreed grant of consent was a decision the Court could have made in the proper exercise of its functions; the appeal was therefore upheld and development consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
24 February 2023
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders Made Following a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application determined by grant of consent subject to conditions.
Legal Topics
['development Application' 'seniors Housing Development' 'conciliation Conference' 'integrated Development' 'development Consent' 'costs Thrown Away by Amendment']
['planning and Environment Law'] ['development Application' 'seniors Housing Development' 'conciliation Conference' 'integrated Development' 'development Consent' 'costs Thrown Away by Amendment']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders Made Following a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement reached at the conciliation conference was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether preconditions to the grant of development consent for Development Application No. 22/0792 were satisfied.' 'Whether leave should be granted to amend the application to rely on amended plans.']

Ratio Decidendi

Having considered the evidence, the amended plans, the parties' agreement, the Statement of Jurisdictional Issues, and the relevant statutory preconditions, the Commissioner was satisfied that the agreed grant of consent was a decision the Court could have made in the proper exercise of its functions; the appeal was therefore upheld and development consent granted subject to conditions.

Court Disposition

Appeal upheld; development application determined by grant of consent subject to conditions.

Orders

  • ['The Applicant is granted leave to amend the application to rely on amended plans listed in the Conditions of Consent at Annexure A.' "The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application, as agreed or assessed, pursuant to s 8.15(3) of the Environmental...