Universal Property Group v Kiama Municipal Council [2022] NSWLEC 1634

Universal Property Group v Kiama Municipal Council [2022] NSWLEC 1634

Because the Court was satisfied that the jurisdictional prerequisites for granting consent had been met and that 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 Court to dispose of the proceedings in accordance with that agreement by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
16 November 2022
Procedural Posture
Class 1 Development Application Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 Conciliation Conference Agreement
Outcome
Appeal upheld and development consent granted subject to conditions; Applicant ordered to pay Council's costs.
Legal Topics
['development Application Appeal' 'subdivision' 'conciliation Conference' 'development Consent' 'costs']
['planning and Environment Law'] ['development Application Appeal' 'subdivision' 'conciliation Conference' 'development Consent' 'costs']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 Conciliation Conference Agreement

Legal Issues

  1. 1 ["Whether the parties' agreement to uphold the appeal and grant development consent 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 the jurisdictional prerequisites for granting consent to the amended development application were satisfied, including under the Environmental Planning and Assessment Act 1979, Kiama Local Environmental Plan 2011, State Environmental Planning Policy (Resilience and Hazards) 2021, and Kiama Development Control Plan 2020.']

Ratio Decidendi

Because the Court was satisfied that the jurisdictional prerequisites for granting consent had been met and that 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 Court to dispose of the proceedings in accordance with that agreement by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld and development consent granted subject to conditions; Applicant ordered to pay Council's costs.

Orders

  • ["The Applicant is to pay the Council's costs in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of $14,000 within 28 days of the date of these orders." 'The appeal is upheld.' 'Development consent is granted to Development Application No. 10.2021.361.1, as amended, for...