Trio Enterprises Pty Limited v Wingecarribee Shire Council [2023] NSWLEC 1563

Trio Enterprises Pty Limited v Wingecarribee Shire Council [2023] NSWLEC 1563

The Court upheld the appeal and granted development consent to the amended application because all statutory and jurisdictional requirements were satisfied, and the parties’ agreement complied with the Court’s power under s 34(3) of the Land and Environment Court Act 1979. Compliance with flooding, water quality,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 September 2023
Procedural Posture
Appeal (development Application, Class 1) / Final Judgment Following Conciliation Conference
Outcome
Appeal upheld; development consent granted; costs ordered against applicant
Legal Topics
['development Consent' 'development Appeals' 'multi Dwelling Housing' 'costs Thrown Away' 'integrated Development' 'flooding' 'excavation' 'water Quality' 'environmental Assessment']
['planning and Environment'] ['development Consent' 'development Appeals' 'multi Dwelling Housing' 'costs Thrown Away' 'integrated Development' 'flooding' 'excavation' 'water Quality' 'environmental Assessment']

Source-derived case record

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Procedural Posture

Appeal (development Application, Class 1) / Final Judgment Following Conciliation Conference

Legal Issues

  1. 1 ["Whether the Court has jurisdiction to grant development consent per parties' agreement under s 34(3) of the Land and Environment Court Act 1979" 'Compliance of amended Development Application with statutory and planning requirements (including flooding, water quality, excavation, contamination, consent, and policy)' 'Necessity for, and quantum of, costs thrown away due to amendment of application']

Ratio Decidendi

The Court upheld the appeal and granted development consent to the amended application because all statutory and jurisdictional requirements were satisfied, and the parties’ agreement complied with the Court’s power under s 34(3) of the Land and Environment Court Act 1979. Compliance with flooding, water quality, contamination, excavation, consultation and all relevant planning controls was established through the evidence and agreed expert reports. Costs thrown away by the amendment of the application were appropriately ordered pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979.

Court Disposition

Appeal upheld; development consent granted; costs ordered against applicant

Orders

  • ['Applicant to pay respondent’s thrown-away costs in the sum of $54,595.00 within 28 days (s 8.15(3) EPA Act)' 'Appeal upheld' 'Development consent granted to DA 23/0445 for 8 x two storey four-bedroom dwellings at 9a Henderson Avenue, Mittagong, with driveway access, visitor parking, landscaping, subject to agreed...