Tallawong Road Pty Ltd v Blacktown City Council [2023] NSWLEC 1564

Tallawong Road Pty Ltd v Blacktown City Council [2023] NSWLEC 1564

As the agreement between the parties was one the Court could have made in exercise of its functions, and all jurisdictional prerequisites were satisfied, the Court granted development consent pursuant to the agreement under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Tallawong Road Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
26 September 2023
Procedural Posture
Appeal / Post Conciliation Determination With Consent Orders
Outcome
Appeal upheld; development consent granted as agreed between parties subject to conditions; costs order made for amendments
Legal Topics
Development Application, Torrens Title Subdivision, Conciliation Conference, Court Consent Orders
Planning and Environment Development Application Torrens Title Subdivision Conciliation Conference Court Consent Orders

Case Brief

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Parties

Tallawong Road Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Appeal / Post Conciliation Determination With Consent Orders

Legal Issues

  1. 1 Whether development consent should be granted for the Torrens title subdivision and associated works at 165 Guntawong Road, Rouse Hill
  2. 2 Whether the amended development application complied with the relevant planning instruments and legislation
  3. 3 Whether jurisdictional prerequisites for Court orders under s 34(3) Land and Environment Court Act 1979 were satisfied

Ratio Decidendi

As the agreement between the parties was one the Court could have made in exercise of its functions, and all jurisdictional prerequisites were satisfied, the Court granted development consent pursuant to the agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted as agreed between parties subject to conditions; costs order made for amendments

Orders

  • The Applicant is to pay the Respondent's costs thrown away, as agreed or assessed, as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979.
  • The appeal is upheld.