Roche Group Pty Limited v Mid-Coast Council [2021] NSWLEC 1567

Roche Group Pty Limited v Mid-Coast Council [2021] NSWLEC 1567

The Court was satisfied that the parties' agreed decision was one the Court could have made in the proper exercise of its functions because the relevant jurisdictional prerequisites were satisfied, including the cl 4.6 written request for the height contravention, flood planning, acid sulfate soils, earthworks, Coastal Management SEPP, SEPP 55 and SEPP 65 matters. The Court therefore was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' decision, uphold the appeal and grant development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
06 October 2021
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 / Principal Judgment Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions; Applicant to pay Respondent's costs thrown away as agreed or assessed.
Legal Topics
['development Consent' 'residential Flat Building' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Variation Request' 'height of Buildings Development Standard' 'floor Space Ratio' 'flood Planning' 'acid Sulfate Soils' 'earthworks' 'coastal Management' 'remediation of Land' 'sepp 65 Design Quality' 'costs Thrown Away']
['planning and Environment Law' 'development Appeals' 'local Government'] ['development Consent' 'residential Flat Building' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Variation Request' 'height of Buildings Development Standard' 'floor Space Ratio' 'flood Planning' 'acid Sulfate Soils' 'earthworks' 'coastal Management' 'remediation of Land' 'sepp 65 Design Quality' 'costs Thrown Away']

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 / Principal Judgment Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision that 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 the jurisdictional prerequisites for granting development consent were satisfied, including the cl 4.6 written request to vary the height development standard in cl 4.3 of the Greater Taree Local Environmental Plan 2010.' 'Whether development consent should be granted to DA 460/2019 for a residential flat building with one level of basement car parking at 39 Josephine Boulevard, Harrington NSW 2427, subject to conditions.']

Ratio Decidendi

The Court was satisfied that the parties' agreed decision was one the Court could have made in the proper exercise of its functions because the relevant jurisdictional prerequisites were satisfied, including the cl 4.6 written request for the height contravention, flood planning, acid sulfate soils, earthworks, Coastal Management SEPP, SEPP 55 and SEPP 65 matters. The Court therefore was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' decision, uphold the appeal and grant development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; Applicant to pay Respondent's costs thrown away as agreed or assessed.

Orders

  • ["The Applicant is to pay the Respondent's costs thrown away in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 as a result of the amended application as agreed or assessed." 'The appeal is upheld.' "Development Consent is granted to DA 460/2019 for development of a residential flat...