Madrajat v Blacktown City Council [2023] NSWLEC 1595

Madrajat v Blacktown City Council [2023] NSWLEC 1595

Because the amended proposal was permissible with consent in the R2 Low Density Residential zone, complied with relevant building height and floor space controls, satisfied contamination, catchment, child care facility and notification considerations identified in the jurisdictional prerequisites, and the parties had reached an agreement acceptable to them, the Court was satisfied under s 34(3) of the Land and Environment Court Act 1979 that granting development consent subject to conditions was a decision it could make in the proper exercise of its functions.

Jurisdiction
Australia
Judgment Date
11 October 2023
Procedural Posture
Class 1 Appeal Concerning a Development Application Deemed Refused / Orders Made Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; applicant ordered to pay respondent's costs as agreed or assessed.
Legal Topics
['development Application' 'centre Based Child Care Facility' 'deemed Refusal Appeal' 'conciliation Conference' 'jurisdictional Prerequisites' 'costs']
['environmental Planning and Assessment' 'land and Environment Court Proceedings' 'development Consent'] ['development Application' 'centre Based Child Care Facility' 'deemed Refusal Appeal' 'conciliation Conference' 'jurisdictional Prerequisites' 'costs']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a Development Application Deemed Refused / Orders Made Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could grant development consent to the amended development application subject to conditions in accordance with the parties' agreement" 'Whether the jurisdictional prerequisites for consent to a centre based child care facility at 43 Victoria Road, Rooty Hill were satisfied' 'Whether the proceedings should be disposed of under s 34(3) of the Land and Environment Court Act 1979 in accordance with the agreed decision']

Ratio Decidendi

Because the amended proposal was permissible with consent in the R2 Low Density Residential zone, complied with relevant building height and floor space controls, satisfied contamination, catchment, child care facility and notification considerations identified in the jurisdictional prerequisites, and the parties had reached an agreement acceptable to them, the Court was satisfied under s 34(3) of the Land and Environment Court Act 1979 that granting development consent subject to conditions was a decision it could make in the proper exercise of its functions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant ordered to pay respondent's costs as agreed or assessed.

Orders

  • ["The Applicant is to pay the Respondent's costs pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed." 'The appeal is upheld.' 'Development consent is granted to Development Application No DA-22-01533 for the demolition, tree removal and construction of a two storey...