SSE Corp Pty Ltd v Cumberland Council [2023] NSWLEC 1407

SSE Corp Pty Ltd v Cumberland Council [2023] NSWLEC 1407

Because the parties reached agreement, the amended application reduced impacts and addressed the contentions, the cl 4.6 written request adequately justified the height contravention, and the relevant planning controls and jurisdictional prerequisites were satisfied, the agreed decision was one the Court could have made in the proper exercise of its functions. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement by upholding the appeal and granting consent subject to conditions.

Jurisdiction
Australia
Judgment Date
28 July 2023
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. Da2021/0593 / Principal Judgment Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979, With Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions; costs thrown away ordered.
Legal Topics
['boarding House Development' 'building Height Development Standard Variation' 'clause 4.6 Written Request' 'conciliation Conference Agreement' 'jurisdictional Prerequisites for Development Consent' 'costs Thrown Away by Amended Development Application']
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['boarding House Development' 'building Height Development Standard Variation' 'clause 4.6 Written Request' 'conciliation Conference Agreement' 'jurisdictional Prerequisites for Development Consent' 'costs Thrown Away by Amended Development Application']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. Da2021/0593 / Principal Judgment Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979, With Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one 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 the written request under cl 4.6 of the Holroyd Local Environmental Plan 2013 justified contravention of the building height development standard in cl 4.3.' 'Whether relevant jurisdictional prerequisites under applicable environmental planning instruments were satisfied before granting development consent.' 'Whether objector submissions or the amended plans required refusal or renotification of the development application.']

Ratio Decidendi

Because the parties reached agreement, the amended application reduced impacts and addressed the contentions, the cl 4.6 written request adequately justified the height contravention, and the relevant planning controls and jurisdictional prerequisites were satisfied, the agreed decision was one the Court could have made in the proper exercise of its functions. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement by upholding the appeal and granting consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs thrown away ordered.

Orders

  • ["The applicant is to pay the respondent's costs thrown away as a result of the amendment of the development application pursuant to s.8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $2,000, with such payment to be made within 28 days of orders being made." "The applicant's written...