St Marys Land Limited v Blacktown City Council [2019] NSWLEC 1279

St Marys Land Limited v Blacktown City Council [2019] NSWLEC 1279

Because the amended Development Application and agreed conditions were consistent with the relevant requirements of Sydney Regional Environmental Plan No 30 – St Marys, there were no jurisdictional impediments, and the agreed decision was one the Court could have made in the proper exercise of its functions, the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 June 2019
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application DA 18 00559 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement on Orders
Outcome
Appeal upheld; amended Development Application DA-18-00559 approved subject to conditions.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'consent Orders' 'sydney Regional Environmental Plan No 30 – St Marys' 'road Infrastructure Development']
['planning and Development' 'environmental Law'] ['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'consent Orders' 'sydney Regional Environmental Plan No 30 – St Marys' 'road Infrastructure Development']

Source-derived case record

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application DA 18 00559 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement on Orders

Legal Issues

  1. 1 ["Whether the Court could make orders in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the amended Development Application satisfied the relevant jurisdictional prerequisites under s 4.15(1) of the Environmental Planning and Assessment Act 1979, including consistency with Sydney Regional Environmental Plan No 30 – St Marys.' 'Whether development consent should be granted to amended Development Application DA-18-00559 subject to conditions.']

Ratio Decidendi

Because the amended Development Application and agreed conditions were consistent with the relevant requirements of Sydney Regional Environmental Plan No 30 – St Marys, there were no jurisdictional impediments, and the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld; amended Development Application DA-18-00559 approved subject to conditions.

Orders

  • ["The applicant is granted leave to amend its application, and the plans filed with the Court on 9 October 2018, in accordance with condition 4.1.3 of 'Annexure A'." "The Applicant is to pay the Council's costs thrown away by reason of the leave granted in (1) in the agreed amount of $7,120.00 (not including any...