State Projects Pty Ltd v Georges River Council [2021] NSWLEC 1071

State Projects Pty Ltd v Georges River Council [2021] NSWLEC 1071

Because the amended proposal was permissible with consent, satisfied the relevant jurisdictional prerequisites and applicable planning controls, and was agreed by the parties to be in the public interest, the parties' agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979; therefore the appeal was upheld and development consent was granted subject to conditions.

Jurisdiction
Australia
Judgment Date
17 February 2021
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da2018/0190 / Final Orders Following Agreement Reached at Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['boarding House Development Application' 'class 1 Appeal' 'section 34 Conciliation Agreement' 'affordable Rental Housing' 'basix' 'remediation of Land' 'costs Thrown Away']
['planning and Environment Law' 'development Consent'] ['boarding House Development Application' 'class 1 Appeal' 'section 34 Conciliation Agreement' 'affordable Rental Housing' 'basix' 'remediation of Land' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da2018/0190 / Final Orders Following Agreement Reached at Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether jurisdictional prerequisites were satisfied for the Court to grant development consent under s 4.16 of the Environmental Planning and Assessment Act 1979.' 'Whether the amended boarding house proposal was permissible with consent and consistent with applicable planning controls and the public interest.']

Ratio Decidendi

Because the amended proposal was permissible with consent, satisfied the relevant jurisdictional prerequisites and applicable planning controls, and was agreed by the parties to be in the public interest, the parties' agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979; therefore the appeal was upheld and development consent was granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ["Leave is granted to the Applicant to rely on the amended plans and documents referred to in Condition 1 of the conditions of consent at Annexure 'A'." "The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application in the agreed amount of $9,000 pursuant to section...