Sunglow Property Development One Pty Ltd v Blacktown City Council [2019] NSWLEC 1015

Sunglow Property Development One Pty Ltd v Blacktown City Council [2019] NSWLEC 1015

The Court was satisfied that the parties' agreed decision was within the proper exercise of the Court's functions because the development was permissible in the applicable zones, contamination investigations addressed cl 7 of State Environmental Planning Policy No 55—Remediation of Land, notification and submissions had been considered, integrated development approvals had received General Terms of Approval, and the RMS submission and classified road access issues had been considered. The Court therefore disposed of the proceedings in accordance with the agreement and granted consent subject to conditions.

Jurisdiction
Australia
Judgment Date
18 January 2019
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application DA 17 02447 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Final Orders by Agreement Under S 34(3)
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['subdivision Development Application' 'conciliation Conference' 'agreement Between the Parties' 'integrated Development' 'development Consent Subject to Conditions' 'traffic Generating Development and Classified Road Access' 'remediation of Land']
['environmental Planning and Development' 'land and Environment Court Procedure'] ['subdivision Development Application' 'conciliation Conference' 'agreement Between the Parties' 'integrated Development' 'development Consent Subject to Conditions' 'traffic Generating Development and Classified Road Access' 'remediation of Land']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application DA 17 02447 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Final Orders by Agreement Under S 34(3)

Legal Issues

  1. 1 ['Whether the agreed decision to uphold the appeal and grant development consent subject to conditions 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.' 'Whether the proposed staged subdivision development was permissible and capable of approval under the applicable planning instruments and statutory requirements.']

Ratio Decidendi

The Court was satisfied that the parties' agreed decision was within the proper exercise of the Court's functions because the development was permissible in the applicable zones, contamination investigations addressed cl 7 of State Environmental Planning Policy No 55—Remediation of Land, notification and submissions had been considered, integrated development approvals had received General Terms of Approval, and the RMS submission and classified road access issues had been considered. The Court therefore disposed of the proceedings in accordance with the agreement and granted consent subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The Applicant is granted leave to rely upon the amended plans contained in Annexure A.' 'The appeal is upheld.' 'Development application DA17-02447, as amended, for a staged subdivision into 479 Torrens Title lots, 8 residue lots, construction of roads, stormwater works and associated civil works over Lot 1 DP...