SRGD No. 2 Pty Ltd v Ku-ring-gai Council [2022] NSWLEC 1686

SRGD No. 2 Pty Ltd v Ku-ring-gai Council [2022] NSWLEC 1686

Because the parties reached agreement under s 34 of the Land and Environment Court Act 1979, the amended development application satisfied the relevant jurisdictional prerequisites and planning controls, and the agreed decision was one the Court could make in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with the agreement by upholding the appeal and granting consent subject to conditions.

Jurisdiction
Australia
Judgment Date
08 December 2022
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application Da0043/22 / Orders Made Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; consent granted to Development Application DA0043/22 as amended, subject to conditions; Applicant ordered to pay Respondent's agreed costs thrown away.
Legal Topics
['development Application Appeal' 'multi Dwelling Housing' 'conciliation Conference' 'amended Development Application' 'jurisdictional Prerequisites for Consent' 'costs Thrown Away']
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['development Application Appeal' 'multi Dwelling Housing' 'conciliation Conference' 'amended Development Application' 'jurisdictional Prerequisites for Consent' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application Da0043/22 / Orders Made Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the amended Development Application DA0043/22 was a decision the Court could make in the proper exercise of its functions under s 4.16 of the Environmental Planning and Assessment Act 1979.' 'Whether the amended development application satisfied relevant planning controls and jurisdictional prerequisites, including the Ku-ring-gai Local Environmental Plan 2015 and applicable State Environmental Planning Policies.' 'Whether costs thrown away as a result of amending the development application should be paid under s 8.15(3) of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

Because the parties reached agreement under s 34 of the Land and Environment Court Act 1979, the amended development application satisfied the relevant jurisdictional prerequisites and planning controls, and the agreed decision was one the Court could make in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with the agreement by upholding the appeal and granting consent subject to conditions.

Court Disposition

Appeal upheld; consent granted to Development Application DA0043/22 as amended, subject to conditions; Applicant ordered to pay Respondent's agreed costs thrown away.

Orders

  • ['Leave is granted to the Applicant to amend Development Application DA0043/22 and rely upon amended plans and documents referred to in condition 1 at Annexure A.' "Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a...