Roter Sand Pty Ltd v Maitland City Council [2021] NSWLEC 1750

Roter Sand Pty Ltd v Maitland City Council [2021] NSWLEC 1750

The Court is satisfied, pursuant to s 34 of the Land and Environment Court Act 1979 and relevant planning instruments, that the parties' agreement for grant of development consent is lawful, all jurisdictional prerequisites are met, and thus it is required to grant consent and make orders in accordance with the parties' agreement.

Parties
Applicant: Roter Sand Pty Ltd; Respondent: Maitland City Council
Jurisdiction
Australia
Judgment Date
08 December 2021
Procedural Posture
Appeal (class 1) / Final Orders After Conciliation
Outcome
Appeal upheld; development consent granted; costs order made
Legal Topics
Development Application, Manufactured Home Estate, Appeal Against Council Refusal, Conciliation Agreement, Jurisdictional Prerequisites
Environmental Law Planning Law Development Application Manufactured Home Estate Appeal Against Council Refusal Conciliation Agreement Jurisdictional Prerequisites

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Parties

Roter Sand Pty Ltd

Applicant

Maitland City Council

Respondent

Procedural Posture

Appeal (class 1) / Final Orders After Conciliation

Legal Issues

  1. 1 Whether the amended development application satisfies all statutory requirements for approval
  2. 2 Whether the conciliation agreement can be disposed of under s 34 of the Land and Environment Court Act 1979
  3. 3 Whether the development is permissible under relevant planning instruments

Ratio Decidendi

The Court is satisfied, pursuant to s 34 of the Land and Environment Court Act 1979 and relevant planning instruments, that the parties' agreement for grant of development consent is lawful, all jurisdictional prerequisites are met, and thus it is required to grant consent and make orders in accordance with the parties' agreement.

Court Disposition

Appeal upheld; development consent granted; costs order made

Orders

  • The applicant is to pay the Council's costs thrown away as a result of the amendment to the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed in the sum of $7,000 within 28 days.
  • The appeal is upheld.