Tydruce Investments Pty Ltd v Sutherland Shire Council [2022] NSWLEC 1616

Tydruce Investments Pty Ltd v Sutherland Shire Council [2022] NSWLEC 1616

Because the jurisdictional prerequisites for granting consent were satisfied, the Proposed Development was acceptable having regard to s 4.15(1) of the Environmental Planning and Assessment Act 1979 and in the public interest, and the parties' agreement was a decision the Court could have made in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
08 November 2022
Procedural Posture
Class 1 Appeal Against Refusal of Development Application Da21/0774 / Principal Judgment Following S 34 AA Conciliation Conference
Outcome
Appeal upheld; development consent granted.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'affordable Housing' 'multi Dwelling Housing']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'affordable Housing' 'multi Dwelling Housing']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application Da21/0774 / Principal Judgment Following S 34 AA Conciliation Conference

Legal Issues

  1. 1 ["Whether the parties' agreement to uphold the appeal and grant development consent subject to conditions was a decision the Court could have made in the proper exercise of its functions." 'Whether the jurisdictional prerequisites for granting consent to the Proposed Development under the Environmental Planning and Assessment Act 1979 and applicable environmental planning instruments were satisfied.' 'Whether approval of the Proposed Development was acceptable having regard to s 4.15(1) of the Environmental Planning and Assessment Act 1979 and was in the public interest.']

Ratio Decidendi

Because the jurisdictional prerequisites for granting consent were satisfied, the Proposed Development was acceptable having regard to s 4.15(1) of the Environmental Planning and Assessment Act 1979 and in the public interest, and the parties' agreement was a decision the Court could have made in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted.

Orders

  • ["The Applicant agrees to pay the Respondent's costs thrown away as a result of the amended plans pursuant to section 8.15(3) of the Environmental Planning & Assessment Act 1979 in the amount of $8,000." 'The appeal is upheld.' 'Development consent is granted to development application DA21/0774 for the demolition...