Statewide Planning Pty Ltd v Penrith City Council [2021] NSWLEC 1804

Statewide Planning Pty Ltd v Penrith City Council [2021] NSWLEC 1804

Because the parties reached agreement at a s 34 conciliation conference, the jurisdictional prerequisites under s 6.15 of the Environmental Planning and Assessment Act 1979 were satisfied, 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 that agreement.

Jurisdiction
Australia
Judgment Date
24 December 2021
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Subdivision Certificate Application Under S 8.16 of the Environmental Planning and Assessment Act 1979 (nsw) / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; subdivision certificate application approved; no order as to costs.
Legal Topics
['subdivision Certificate' 'torrens Title Subdivision' 'deemed Refusal Appeal' 'section 34 Conciliation Conference' 'jurisdictional Prerequisites for Issuing Subdivision Certificate']
['planning and Environment Law' 'development Applications'] ['subdivision Certificate' 'torrens Title Subdivision' 'deemed Refusal Appeal' 'section 34 Conciliation Conference' 'jurisdictional Prerequisites for Issuing Subdivision Certificate']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Subdivision Certificate Application Under S 8.16 of the Environmental Planning and Assessment Act 1979 (nsw) / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreed decision under s 34(3) of the Land and Environment Court Act 1979." 'Whether the jurisdictional requirements for issuing the subdivision certificate under s 6.15 of the Environmental Planning and Assessment Act 1979 were satisfied.']

Ratio Decidendi

Because the parties reached agreement at a s 34 conciliation conference, the jurisdictional prerequisites under s 6.15 of the Environmental Planning and Assessment Act 1979 were satisfied, 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 that agreement.

Court Disposition

Appeal upheld; subdivision certificate application approved; no order as to costs.

Orders

  • ["The Applicant is granted leave to rely upon the amended and supplementary material identified in Annexure 'A'." 'The appeal is upheld.' 'Subdivision certificate application No. SC19/0045 for the Torrens Title subdivision of Lot 128 DP 1215199, otherwise known as 55 French Street, and 22 Major Tomkins Parade,...