The Trustee for the Resland Discretionary Trust v Bayside Council [2024] NSWLEC 1160

The Trustee for the Resland Discretionary Trust v Bayside Council [2024] NSWLEC 1160

Because the amended development application satisfied the identified jurisdictional prerequisites, was permissible with consent in the R3 Medium Density Residential zone, complied with or adequately addressed the relevant planning controls and environmental planning instruments, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
09 April 2024
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application No. DA 2023/129 / Orders Following Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted to the amended development application subject to conditions.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'dual Occupancy' 'demolition' 'conciliation Conference' 'jurisdictional Prerequisites' 'bayside Local Environmental Plan 2021' 'basix' 'coastal Management' 'electricity Transmission or Distribution Network Referral']
['planning and Environment Law' 'development Consent'] ['development Application' 'deemed Refusal Appeal' 'dual Occupancy' 'demolition' 'conciliation Conference' 'jurisdictional Prerequisites' 'bayside Local Environmental Plan 2021' 'basix' 'coastal Management' 'electricity Transmission or Distribution Network Referral']

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 the Deemed Refusal of Development Application No. DA 2023/129 / Orders Following Conciliation Conference Under S 34 AA 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 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 jurisdictional prerequisites for granting consent to the amended development application were satisfied.' 'Whether the amended development application was permissible with consent and satisfied relevant planning controls, environmental planning instruments and referral requirements.']

Ratio Decidendi

Because the amended development application satisfied the identified jurisdictional prerequisites, was permissible with consent in the R3 Medium Density Residential zone, complied with or adequately addressed the relevant planning controls and environmental planning instruments, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with the parties' agreement.

Court Disposition

Appeal upheld; development consent granted to the amended development application subject to conditions.

Orders

  • ['The Applicant is directed to file the amended development application the subject of Order (3) within 7 days of the date of this Order.' 'The appeal is upheld.' "Development consent is granted to Development Application No. DA-2023/129 for demolition of existing structures and construction of a two (2) storey dual...