Taclam Pty Ltd v Hawkesbury City Council [2023] NSWLEC 1559

Taclam Pty Ltd v Hawkesbury City Council [2023] NSWLEC 1559

The agreement between the parties satisfies all relevant statutory requirements; accordingly, the Court is required under s 34(3) of the Land and Environment Court Act 1979 to grant development consent as proposed.

Jurisdiction
Australia
Judgment Date
26 September 2023
Procedural Posture
Class 1 Development Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's thrown away costs of $1.
Legal Topics
['development Application' 'conciliation Conference' 'integrated Development' 'coastal Impacts' 'contamination' 'flood Planning' 'acid Sulfate Soils' 'terrestrial Biodiversity' 'development Control Plan' 'controlled Activity Approval']
['planning and Environment'] ['development Application' 'conciliation Conference' 'integrated Development' 'coastal Impacts' 'contamination' 'flood Planning' 'acid Sulfate Soils' 'terrestrial Biodiversity' 'development Control Plan' 'controlled Activity Approval']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the amended development application should be granted consent subject to conditions' 'Whether statutory requirements relating to coastal impacts, contamination, flooding, acid sulfate soils, biodiversity, and planning controls are satisfied']

Ratio Decidendi

The agreement between the parties satisfies all relevant statutory requirements; accordingly, the Court is required under s 34(3) of the Land and Environment Court Act 1979 to grant development consent as proposed.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's thrown away costs of $1.

Orders

  • ['Applicant to pay those costs of the respondent thrown away as a result of amending the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $1.' 'The appeal is upheld.' 'Development Application DA0193/22 lodged on 14 June 2022, as amended, relating to...