CN Rochester Pty Ltd & B & L Touma Pty Ltd v Strathfield Municipal Council [2022] NSWLEC 1391

CN Rochester Pty Ltd & B & L Touma Pty Ltd v Strathfield Municipal Council [2022] NSWLEC 1391

Because the parties' agreed decision to grant consent subject to conditions was a decision the Court could have made in the proper exercise of its functions, and the identified jurisdictional prerequisites were satisfied, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
09 August 2022
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Concerning Deemed Refusal of a Development Application / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
The appeal was upheld and development consent was granted, with the Applicants to pay the Respondent's costs thrown away as a result of the amended application as agreed or assessed.
Legal Topics
['development Application' 'boarding House Development' 'deemed Refusal Appeal' 'conciliation Conference' 'development Consent' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'boarding House Development' 'deemed Refusal Appeal' 'conciliation Conference' 'development Consent' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Concerning Deemed Refusal of a Development Application / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' decision in the s 34 agreement was a decision the Court could have made in the proper exercise of its functions." 'Whether the jurisdictional prerequisites for granting development consent to the amended boarding house development were satisfied.' 'Whether development consent should be granted for demolition of the existing dwelling house and construction of a new 30 room boarding house at 14 Rochester Street, Homebush NSW, subject to conditions.']

Ratio Decidendi

Because the parties' agreed decision to grant consent subject to conditions was a decision the Court could have made in the proper exercise of its functions, and the identified jurisdictional prerequisites were satisfied, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Court Disposition

The appeal was upheld and development consent was granted, with the Applicants to pay the Respondent's costs thrown away as a result of the amended application as agreed or assessed.

Orders

  • ["The Applicant is to pay the Respondent's costs thrown away as a result of the amended application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed." 'The appeal is upheld.' "Development consent is granted to Development Application DA 2020/162 for the demolition of...