Lee v Wingecarribee Shire Council [2023] NSWLEC 1788

Lee v Wingecarribee Shire Council [2023] NSWLEC 1788

Because the Commissioner was satisfied that the parties' agreed decision was one the Court could make in the proper exercise of its functions, including because the amended proposal satisfied the identified jurisdictional requirements concerning zoning, minimum lot size, earthworks, water quality, biodiversity, koala habitat, bushfire, contamination and infrastructure, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with the agreement by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
22 December 2023
Procedural Posture
Class 1 Appeal Against Deemed Refusal or Failure to Determine Development Application Da22/0890 / Orders Made Following Conciliation Conference and Agreement Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application DA22/0890 granted consent subject to conditions contained in Annexure A.
Legal Topics
['development Application' 'torrens Title Subdivision' 'civil Works' 'section 34 Conciliation Agreement' 'integrated Development' 'biodiversity Offsets' 'koala Habitat' 'bush Fire Safety Authority' 'sydney Drinking Water Catchment']
['environmental and Planning Law' 'land and Environment' 'biodiversity Conservation' 'bushfire Planning'] ['development Application' 'torrens Title Subdivision' 'civil Works' 'section 34 Conciliation Agreement' 'integrated Development' 'biodiversity Offsets' 'koala Habitat' 'bush Fire Safety Authority' 'sydney Drinking Water Catchment']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal or Failure to Determine Development Application Da22/0890 / Orders Made Following Conciliation Conference and Agreement Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision to grant consent to Development Application DA22/0890 was a decision 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 amended development application satisfied relevant pre-jurisdictional requirements under the Wingecarribee Local Environmental Plan 2010 and applicable State environmental planning policies and legislation.' 'Whether the proposed six lot subdivision and associated civil works could be granted consent subject to agreed conditions, including conditions concerning water quality, biodiversity credits, koala habitat, bushfire management and general terms of approval.']

Ratio Decidendi

Because the Commissioner was satisfied that the parties' agreed decision was one the Court could make in the proper exercise of its functions, including because the amended proposal satisfied the identified jurisdictional requirements concerning zoning, minimum lot size, earthworks, water quality, biodiversity, koala habitat, bushfire, contamination and infrastructure, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with the agreement by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; Development Application DA22/0890 granted consent subject to conditions contained in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application DA22/0890 for subdivision of one lot into six lots with associated civil works at 267 Bundanoon Road, Exeter is determined by the grant of consent subject to conditions contained in Annexure A.']