Cavanagh v Wollondilly Shire Council (No 3) [2020] NSWLEC 1018

Cavanagh v Wollondilly Shire Council (No 3) [2020] NSWLEC 1018

Because the parties reached agreement to uphold the appeal and grant development consent subject to conditions, and the Commissioner was satisfied that the agreed decision was within the Court's proper functions, including because the development was permissible, met relevant lot size and servicing requirements, did not adversely impact sensitive land, minimised earthworks, showed no evidence of contamination, had a Fire Safety Authority from the Rural Fire Service, and raised no jurisdictional impediment, the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
17 January 2020
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Between the Parties and Consent Orders
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'subdivision' 'deemed Refusal Appeal' 'conciliation Conference' 'development Consent Subject to Conditions']
['environmental Planning and Development' 'land and Environment Court Proceedings'] ['development Application' 'subdivision' 'deemed Refusal Appeal' 'conciliation Conference' 'development Consent Subject to Conditions']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Between the Parties and Consent Orders

Legal Issues

  1. 1 ['Whether the appeal against the deemed refusal of Development Application No. 784/2018 should be upheld and development consent granted for a five lot subdivision.' "Whether the parties' agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

Because the parties reached agreement to uphold the appeal and grant development consent subject to conditions, and the Commissioner was satisfied that the agreed decision was within the Court's proper functions, including because the development was permissible, met relevant lot size and servicing requirements, did not adversely impact sensitive land, minimised earthworks, showed no evidence of contamination, had a Fire Safety Authority from the Rural Fire Service, and raised no jurisdictional impediment, the Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to amend the development application and rely on the amended plans and additional information, which involve amendments that the parties agree are minor.' 'The Appeal is upheld.' "Development Application No. 784/2018 for a five lot subdivision of Lot 6 DP1128635 to be carried out at...