Sorace Constructions Pty Ltd v Wollongong City Council [2021] NSWLEC 1284

Sorace Constructions Pty Ltd v Wollongong City Council [2021] NSWLEC 1284

The Court upheld the appeal and granted development consent because the parties reached an agreement under s 34, the relevant jurisdictional prerequisites for granting consent were satisfied, and the agreed decision was one the Court could have made in the proper exercise of its functions, requiring disposition in accordance with s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
25 May 2021
Procedural Posture
Class 1 Development Application Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 Conciliation Conference Agreement
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'residential Multi Dwelling Development' 'subdivision' 'integrated Development' 'flood Planning' 'remediation of Land' 'basix' 'riparian Land']
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['development Application Appeal' 'conciliation Conference' 'residential Multi Dwelling Development' 'subdivision' 'integrated Development' 'flood Planning' 'remediation of Land' 'basix' 'riparian Land']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the parties' agreed decision 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 prerequisites for granting development consent under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied.' 'Whether the proposed development satisfied relevant requirements concerning remediation, BASIX, Wollongong Local Environmental Plan 2009, integrated development, Water Management Act 2000, Wollongong Development Control Plan 2009, and notification.']

Ratio Decidendi

The Court upheld the appeal and granted development consent because the parties reached an agreement under s 34, the relevant jurisdictional prerequisites for granting consent were satisfied, and the agreed decision was one the Court could have made in the proper exercise of its functions, requiring disposition in accordance with s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['Leave is granted to the Applicant to rely upon the amended documentation listed in the orders.' "The applicant is to pay the respondent's costs thrown away in accordance with s8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $9,000 within 28 days of the Court's determination." 'The...