Restifa & Partners Pty Ltd v Blacktown City Council [2019] NSWLEC 1432

Restifa & Partners Pty Ltd v Blacktown City Council [2019] NSWLEC 1432

Because the parties reached agreement at the conciliation conference, the amended plans and supporting documents resolved the contentions, the proposal satisfied the relevant requirements including s 4.15(1) of the Environmental Planning and Assessment Act 1979, and there were no jurisdictional impediments, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement and approve the amended development application subject to conditions.

Jurisdiction
Australia
Judgment Date
18 September 2019
Procedural Posture
Class 1 Appeal Against Deemed Refusal of a Development Application / Conciliation Conference; Orders Made by Agreement Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; amended development application approved subject to conditions.
Legal Topics
['development Application' 'deemed Refusal' 'conciliation Conference' 'concept Development' 'torrens Title Subdivision' 'residential Flat Buildings' 'clause 4.6 Variation' 'height of Buildings Development Standard']
['planning and Environment Law'] ['development Application' 'deemed Refusal' 'conciliation Conference' 'concept Development' 'torrens Title Subdivision' 'residential Flat Buildings' 'clause 4.6 Variation' 'height of Buildings Development Standard']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of a Development Application / Conciliation Conference; Orders Made by Agreement Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders in accordance with the parties' agreement reached at the conciliation conference." 'Whether Development Application No. SPP-17-00039, as amended, satisfied the relevant statutory planning requirements and could be approved subject to conditions.' 'Whether the amended Clause 4.6 variation application in relation to the height of buildings development standard should be upheld.']

Ratio Decidendi

Because the parties reached agreement at the conciliation conference, the amended plans and supporting documents resolved the contentions, the proposal satisfied the relevant requirements including s 4.15(1) of the Environmental Planning and Assessment Act 1979, and there were no jurisdictional impediments, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement and approve the amended development application subject to conditions.

Court Disposition

Appeal upheld; amended development application approved subject to conditions.

Orders

  • ['Leave is granted for the Applicant to rely on the amended plans, drawings and material listed at Annexure A and referred to in part in the conditions of consent at Annexure C.' "The Applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW),...