Homann v Sutherland Shire Council [2023] NSWLEC 1723

Homann v Sutherland Shire Council [2023] NSWLEC 1723

Because the parties reached agreement in a s 34 conciliation conference and the Court was satisfied, on the agreed jurisdictional note and amended plans and documents, that the relevant prerequisites for consent were met and that the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) required the Court to dispose of the proceedings in accordance with the parties' decision by upholding the appeal and granting consent subject to conditions.

Jurisdiction
Australia
Judgment Date
30 November 2023
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da22/1054 / Orders Made After Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; development application 22/1054 granted consent subject to conditions.
Legal Topics
['development Appeal' 'jetty and Sea Steps' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Prerequisites' 'environmentally Sensitive Land' 'coastal Environment Area and Coastal Use Area' "owner's Consent"]
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['development Appeal' 'jetty and Sea Steps' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Prerequisites' 'environmentally Sensitive Land' 'coastal Environment Area and Coastal Use Area' "owner's Consent"]

Case Brief

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da22/1054 / Orders Made After Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision that the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the jurisdictional prerequisites for granting consent to development application DA22/1054 were satisfied.' 'Whether development consent should be granted for the construction of a fixed jetty with timber deck and sea steps at 23 Immarna Avenue, Lilli Pilli subject to conditions.']

Ratio Decidendi

Because the parties reached agreement in a s 34 conciliation conference and the Court was satisfied, on the agreed jurisdictional note and amended plans and documents, that the relevant prerequisites for consent were met and that the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) required the Court to dispose of the proceedings in accordance with the parties' decision by upholding the appeal and granting consent subject to conditions.

Court Disposition

Appeal upheld; development application 22/1054 granted consent subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development application 22/1054 for the construction of a fixed jetty with timber deck and sea steps at 23 Immarna Avenue, Lilli Pilli is determined by the grant of consent subject to the conditions set out in Annexure "A".']