Bateman v Central Coast Council [2019] NSWLEC 1101

Bateman v Central Coast Council [2019] NSWLEC 1101

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 for leave to amend the development application and for development consent to be granted subject to conditions. The Commissioner was satisfied that the agreed decision was one the Court could make because the identified jurisdictional pre-requisites were met: the proposed centre based child care facility was permissible in the R2 Low Density Residential zone and no contamination report was required under cl 7 of State Environmental Planning Policy No 55 – Remediation of Land. The proceedings were therefore disposed of in accordance with the agreed decision.

Jurisdiction
Australia
Judgment Date
13 March 2019
Procedural Posture
Class 1 Development Appeal / Orders Following S 34 Conciliation Conference Agreement
Outcome
Appeal upheld; leave granted to amend the development application; development consent granted subject to conditions.
Legal Topics
['development Application' 'child Care Centre' 'development Consent' 'conciliation Conference' 'consent Orders' 'contaminated Land' 'permissible Use']
['planning and Environment Law'] ['development Application' 'child Care Centre' 'development Consent' 'conciliation Conference' 'consent Orders' 'contaminated Land' 'permissible Use']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Orders Following S 34 Conciliation Conference Agreement

Legal Issues

  1. 1 ['Whether the Court should dispose of the proceedings in accordance with the agreement reached under s 34(3) of the Land and Environment Court Act 1979.' 'Whether the amended development application for a centre based child care facility satisfied the jurisdictional pre-requisites to the grant of development consent.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 for leave to amend the development application and for development consent to be granted subject to conditions. The Commissioner was satisfied that the agreed decision was one the Court could make because the identified jurisdictional pre-requisites were met: the proposed centre based child care facility was permissible in the R2 Low Density Residential zone and no contamination report was required under cl 7 of State Environmental Planning Policy No 55 – Remediation of Land. The proceedings were therefore disposed of in accordance with the agreed decision.

Court Disposition

Appeal upheld; leave granted to amend the development application; development consent granted subject to conditions.

Orders

  • ['The applicant is granted leave to amend their development application in accordance with the plans referred to in Condition 1 of Annexure "B".' 'The Appeal is upheld.' 'Development Application No. DA51671/2017 for a child care centre to accommodate 80 children with basement car parking is approved subject to the...