Le v Bayside Council [2022] NSWLEC 1372

Le v Bayside Council [2022] NSWLEC 1372

The agreed grant of development consent was within the Court's power because the relevant jurisdictional prerequisites were satisfied, the application was to be assessed under the Rockdale Local Environmental Plan 2011, the R2 Low Density Residential zone objectives and relevant clauses concerning acid sulfate soils, earthworks and stormwater management had been considered and satisfied, notification had occurred, a BASIX Certificate had been provided, contamination had been considered, and no development standard was contravened. The Court was therefore required to make orders in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
15 July 2022
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions set out in Annexure A.
Legal Topics
['development Application' 'development Consent' 'conciliation Conference' 'section 34 Agreement' 'residential Development' 'local Environmental Plan Assessment']
['planning and Environment Law'] ['development Application' 'development Consent' 'conciliation Conference' 'section 34 Agreement' 'residential Development' 'local Environmental Plan Assessment']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision to grant development consent was a decision the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether relevant jurisdictional prerequisites and applicable planning controls were satisfied for the amended development application.']

Ratio Decidendi

The agreed grant of development consent was within the Court's power because the relevant jurisdictional prerequisites were satisfied, the application was to be assessed under the Rockdale Local Environmental Plan 2011, the R2 Low Density Residential zone objectives and relevant clauses concerning acid sulfate soils, earthworks and stormwater management had been considered and satisfied, notification had occurred, a BASIX Certificate had been provided, contamination had been considered, and no development standard was contravened. The Court was therefore required to make orders in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions set out in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application No. 2021/5 for the demolition of an existing detached garage and shed and construction of a two (2) storey outbuilding comprising garage at ground floor and rumpus room at first floor level on land legally described as Lot 73 in Deposited Plan 4341 and known as 63...