Chick and Lim v Shoalhaven City Council [2022] NSWLEC 1706

Chick and Lim v Shoalhaven City Council [2022] NSWLEC 1706

The Court upheld the appeal and granted consent because the amended development application, supporting documents, Bushfire Safety Authority, General Terms of Approval and agreed conditions satisfied the relevant statutory and planning requirements, there were no jurisdictional impediments, and 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.

Jurisdiction
Australia
Judgment Date
16 December 2022
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application Da22/1421 / Section 34 Conciliation Conference Agreement and Final Orders
Outcome
Appeal upheld; Development Application DA22/1421 granted consent subject to conditions.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'alterations and Additions to Existing Barn/shed' 'tourist and Visitor Accommodation' 'bushfire Prone Land' 'conciliation Agreement']
['planning and Environment' 'development Consent'] ['development Application' 'deemed Refusal Appeal' 'alterations and Additions to Existing Barn/shed' 'tourist and Visitor Accommodation' 'bushfire Prone Land' 'conciliation Agreement']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application Da22/1421 / Section 34 Conciliation Conference Agreement and Final Orders

Legal Issues

  1. 1 ["Whether the Court could grant consent to amended Development Application DA22/1421 pursuant to the parties' agreement under s 34 of the Land and Environment Court Act 1979." 'Whether the jurisdictional prerequisites for granting development consent, including bushfire, planning controls, koala habitat protection, contamination, notification and landowner consent requirements, were satisfied.']

Ratio Decidendi

The Court upheld the appeal and granted consent because the amended development application, supporting documents, Bushfire Safety Authority, General Terms of Approval and agreed conditions satisfied the relevant statutory and planning requirements, there were no jurisdictional impediments, and 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.

Court Disposition

Appeal upheld; Development Application DA22/1421 granted consent subject to conditions.

Orders

  • ['The appeal is upheld.' "Development Application DA22/1421 seeking alterations, additions and change of use of an existing barn/shed to tourist and visitor accommodation on Lot 4 DP 826805 also known as 80 Boundary Road, Broughton NSW 2535, is determined by grant of consent, subject to the conditions set out in...