SW Rocks Development Pty Limited v Kempsey Shire Council [2019] NSWLEC 1520

SW Rocks Development Pty Limited v Kempsey Shire Council [2019] NSWLEC 1520

The parties reached agreement on orders upholding the appeal and granting consent to the amended development application subject to conditions. After considering the statutory framework, the amended application and conditions including General Terms of Approval from the NSW Rural Fire Service and NSW Water, the Court was satisfied there were no outstanding jurisdictional prerequisites and that the agreed decision was one the Court could make. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' decision.

Jurisdiction
Australia
Judgment Date
29 October 2019
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'concept Approval' 'residential Subdivision' 'conciliation Conference' 'agreement Between the Parties']
['planning and Environment Law'] ['development Application' 'concept Approval' 'residential Subdivision' 'conciliation Conference' 'agreement Between the Parties']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one that the Court could have made in the proper exercise of its functions." 'Whether the Court had jurisdiction to uphold the appeal and grant conditional development consent to the amended development application.']

Ratio Decidendi

The parties reached agreement on orders upholding the appeal and granting consent to the amended development application subject to conditions. After considering the statutory framework, the amended application and conditions including General Terms of Approval from the NSW Rural Fire Service and NSW Water, the Court was satisfied there were no outstanding jurisdictional prerequisites and that the agreed decision was one the Court could make. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' decision.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The applicant is granted leave to rely upon the amended plans and documentation referred to in condition 1.' 'Appeal upheld.' 'Development Application T6-17-446 in respect of land known as 30 Waianbar Avenue, South West Rocks (comprising Lot 35; DP 1214499) for a Concept Approval for a 221 Lot Residential...