Djuric v Wingecarribee Shire Council [2023] NSWLEC 1634

Djuric v Wingecarribee Shire Council [2023] NSWLEC 1634

Because the parties reached agreement on terms of decision, the Court was satisfied that all identified jurisdictional preconditions were met and that there was no jurisdictional impediment to granting consent, the parties' decision was one the Court could make in the proper exercise of its functions; accordingly, s 34(3) required the proceedings to be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
26 October 2023
Procedural Posture
Class 1 Appeal Concerning Deemed Refusal of a Development Application / Section 34 Conciliation Conference Agreement; Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions; applicant ordered to pay respondent's thrown-away costs caused by amendment of the development application, as agreed or assessed.
Legal Topics
['development Application Appeal' 'mixed Use Development' 'conciliation Conference' 'jurisdictional Preconditions to Development Consent' 'contamination' 'sydney Drinking Water Catchment' 'rail Corridor and Classified Road Impacts' 'residential Apartment Design Quality' 'heritage Conservation']
['environmental Planning and Assessment' 'land and Environment Court Proceedings' 'development Consent'] ['development Application Appeal' 'mixed Use Development' 'conciliation Conference' 'jurisdictional Preconditions to Development Consent' 'contamination' 'sydney Drinking Water Catchment' 'rail Corridor and Classified Road Impacts' 'residential Apartment Design Quality' 'heritage Conservation']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning Deemed Refusal of a Development Application / Section 34 Conciliation Conference Agreement; Final Orders

Legal Issues

  1. 1 ['Whether the agreement reached by the parties after a conciliation conference 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 jurisdictional preconditions to the grant of development consent for amended development application DA22/1263 were satisfied.' 'Whether development consent should be granted to the amended mixed-use development subject to agreed conditions.']

Ratio Decidendi

Because the parties reached agreement on terms of decision, the Court was satisfied that all identified jurisdictional preconditions were met and that there was no jurisdictional impediment to granting consent, the parties' decision was one the Court could make in the proper exercise of its functions; accordingly, s 34(3) required the proceedings to be disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant ordered to pay respondent's thrown-away costs caused by amendment of the development application, as agreed or assessed.

Orders

  • ['Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay those costs of the respondent that were thrown away as a result of the amendment of the application for development consent, as agreed or assessed.' 'The appeal is upheld.' 'Development consent is granted to...