Sharobem Holdings Pty Ltd v Georges River Council [2023] NSWLEC 1099

Sharobem Holdings Pty Ltd v Georges River Council [2023] NSWLEC 1099

Because the parties reached agreement at the s 34 conciliation conference, the amended application was before the Court with the Council's consent, and the Court was satisfied on the evidence and the Council's jurisdictional submissions that the relevant planning and statutory preconditions were met, the agreed decision was one the Court could have made in the proper exercise of its functions and the appeal was upheld with consent granted.

Jurisdiction
Australia
Judgment Date
07 March 2023
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development application determined by grant of consent subject to conditions.
Legal Topics
['childcare Centre Development Application' 'conciliation Conference' 'agreement Between Parties' 'statutory Preconditions to Development Consent' 'amended Plans']
['environmental and Planning Law' 'development Consent' 'land and Environment Court Proceedings'] ['childcare Centre Development Application' 'conciliation Conference' 'agreement Between Parties' 'statutory Preconditions to Development Consent' 'amended Plans']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreement reached at the s 34 conciliation conference was a decision the Court could have made in the proper exercise of its functions." 'Whether the statutory preconditions to granting development consent for the childcare centre proposal were satisfied.']

Ratio Decidendi

Because the parties reached agreement at the s 34 conciliation conference, the amended application was before the Court with the Council's consent, and the Court was satisfied on the evidence and the Council's jurisdictional submissions that the relevant planning and statutory preconditions were met, the agreed decision was one the Court could have made in the proper exercise of its functions and the appeal was upheld with consent granted.

Court Disposition

Appeal upheld; development application determined by grant of consent subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application No. 2020/0354 for the demolition of an existing dwelling, excavation, and construction of a twenty-eight place two-storey childcare centre with basement carparking and associated works, at 49 Jersey Avenue, Mortdale, is determined by the grant of consent, subject to...