Kalava v Central Coast Council [2019] NSWLEC 1221

Kalava v Central Coast Council [2019] NSWLEC 1221

Because the amended plans and supporting documents resolved the relevant contentions, there were no jurisdictional impediments, the development application satisfied s 4.15(1) of the Environmental Planning and Assessment Act 1979, and the parties' agreed decision was one the Court could have made, 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 by upholding the appeal and granting consent subject to conditions.

Jurisdiction
Australia
Judgment Date
05 June 2019
Procedural Posture
Class 1 Appeal Against Refusal of Development Application Da/135/2017 Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders
Outcome
Appeal upheld; Development Application DA/135/2017 approved subject to conditions; no order as to costs.
Legal Topics
['class 1 Development Application Appeal' 'conciliation Conference Agreement' 'transitional Group Home' 'drug and Alcohol Rehabilitation Facility' 'bushfire Services' 'flooding' 'wastewater Management' 'ecology and Flora/fauna Protection']
['planning and Environment' 'development Consent' 'land and Environment Court Procedure'] ['class 1 Development Application Appeal' 'conciliation Conference Agreement' 'transitional Group Home' 'drug and Alcohol Rehabilitation Facility' 'bushfire Services' 'flooding' 'wastewater Management' 'ecology and Flora/fauna Protection']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application Da/135/2017 Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application DA/135/2017, as amended and subject to conditions, satisfied the relevant jurisdictional prerequisites under s 4.15(1) of the Environmental Planning and Assessment Act 1979.' 'Whether the proposed transitional group home was permissible and consistent with State Environmental Planning Policy (Affordable Rental Housing) 2009, Wyong Local Environment Plan 2013, and Wyong Shire Development Control Plan 2013.' 'Whether bushfire, flooding, essential services, wastewater management, parking and flora/fauna contentions were resolved by the amended plans and conditions.']

Ratio Decidendi

Because the amended plans and supporting documents resolved the relevant contentions, there were no jurisdictional impediments, the development application satisfied s 4.15(1) of the Environmental Planning and Assessment Act 1979, and the parties' agreed decision was one the Court could have made, 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 by upholding the appeal and granting consent subject to conditions.

Court Disposition

Appeal upheld; Development Application DA/135/2017 approved subject to conditions; no order as to costs.

Orders

  • ['Leave is granted to the Applicant to amend Development Application DA/135/2017 by replacing Appendix 7 of the Statement of Environmental Effects with the Plan of Management dated 9 May 2019.' 'Leave is granted to the Applicant to amend Development Application DA/135/2017 by updating the Site Plan Detail HIS00216...