Emmi v Canterbury-Bankstown Council [2020] NSWLEC 1514

Emmi v Canterbury-Bankstown Council [2020] NSWLEC 1514

Because the jurisdictional prerequisites were satisfied and the parties' agreed decision to uphold the appeal and grant development consent subject to conditions was a decision the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
27 October 2020
Procedural Posture
Class 1 Appeal Against Refusal of Development Application DA 137/2018 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted to DA-137/2018 subject to conditions in Annexure A.
Legal Topics
['development Application for Boarding House' 'conciliation Conference' 'agreement Between Parties' 'jurisdictional Prerequisites' 'remediation of Land' 'basix' 'affordable Rental Housing' 'costs Thrown Away']
['environmental and Planning Law' 'development Consent' 'land and Environment Court Procedure'] ['development Application for Boarding House' 'conciliation Conference' 'agreement Between Parties' 'jurisdictional Prerequisites' 'remediation of Land' 'basix' 'affordable Rental Housing' 'costs Thrown Away']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application DA 137/2018 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the jurisdictional prerequisites for granting development consent to DA-137/2018 were satisfied.' "Whether the parties' agreed decision was one 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 appeal should be upheld and development consent granted subject to conditions.']

Ratio Decidendi

Because the jurisdictional prerequisites were satisfied and the parties' agreed decision to uphold the appeal and grant development consent subject to conditions was a decision the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted to DA-137/2018 subject to conditions in Annexure A.

Orders

  • ['Leave is granted to the Applicant to rely on the listed architectural plans prepared by Karadimas Investment Holdings Pty Ltd.' 'Leave is granted to the Applicant to rely on stormwater plan No. SK01 – Stormwater Design prepared by Andrew Wiersma dated 2 September 2020.' 'The Applicant is to pay the Respondent\'s s...