Staldone Turramurra Pty Ltd v Lane Cove Council [2020] NSWLEC 1468

Staldone Turramurra Pty Ltd v Lane Cove Council [2020] NSWLEC 1468

Because the parties' s 34 agreement proposed a decision that the Court could have made in the proper exercise of its functions, the relevant jurisdictional prerequisites for granting consent were satisfied, and no jurisdictional impediment was identified, 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 agreed decision.

Jurisdiction
Australia
Judgment Date
06 October 2020
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No. Da94/2019 / Conciliation Conference Agreement and Final Orders
Outcome
Appeal upheld; development application approved subject to conditions; leave granted to rely on amended plans and documents.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'residential Flat Building' 'conciliation Agreement' 'development Consent' 'amended Plans']
['planning and Environment Law' 'land and Environment Court Proceedings'] ['development Application' 'deemed Refusal Appeal' 'residential Flat Building' 'conciliation Agreement' 'development Consent' 'amended Plans']

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 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No. Da94/2019 / Conciliation Conference Agreement and Final Orders

Legal Issues

  1. 1 ['Whether the Court should grant leave to the Applicant to amend the development application.' "Whether the parties' agreement under s 34 of the Land and Environment Court Act 1979 involved a decision that the Court could have made in the proper exercise of its functions." 'Whether the appeal should be upheld and development consent granted subject to conditions.']

Ratio Decidendi

Because the parties' s 34 agreement proposed a decision that the Court could have made in the proper exercise of its functions, the relevant jurisdictional prerequisites for granting consent were satisfied, and no jurisdictional impediment was identified, 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 agreed decision.

Court Disposition

Appeal upheld; development application approved subject to conditions; leave granted to rely on amended plans and documents.

Orders

  • ['The Applicant is granted leave to rely on the amended plans and documents listed in the orders.' 'The appeal is upheld.' 'Development Application No. DA94/2019 for demolition of existing structures, removal of 22 trees, construction of a 5 storey residential flat building containing 37 apartments over 2 levels of...