Upper Hunter Developments (Scone) Pty Ltd v Upper Hunter Shire Council [2021] NSWLEC 1250

Upper Hunter Developments (Scone) Pty Ltd v Upper Hunter Shire Council [2021] NSWLEC 1250

The Court was satisfied that there were no jurisdictional impediments to the parties' agreement, that the amended development application satisfied the relevant statutory and planning controls, and that granting consent with conditions was a decision the Court could have made in the proper exercise of its functions; accordingly, s 34(3) required the Court to dispose of the proceedings in accordance with the parties' decision.

Jurisdiction
Australia
Judgment Date
14 May 2021
Procedural Posture
Class 1 Appeal Against Refusal of Development Application DA 19/2020 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'service Station' 'conciliation Conference' 'agreement Between Parties' 'jurisdictional Prerequisites' 'conditions of Consent']
['planning and Environment Law' 'development Consent'] ['development Application' 'service Station' 'conciliation Conference' 'agreement Between Parties' 'jurisdictional Prerequisites' 'conditions of Consent']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application DA 19/2020 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders

Legal Issues

  1. 1 ["Whether the parties' agreement to uphold the appeal and grant development consent with conditions 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 Development Application DA 19/2020 satisfied the relevant requirements of s 4.15(1) and s 4.16 of the Environmental Planning and Assessment Act 1979 and applicable environmental planning instruments.' 'Whether the proposed service station development complied with or satisfied relevant requirements of SEPP 55, SEPP 33, SEPP 64, SEPP Infrastructure, the Upper Hunter Local Environmental Plan 2013 and the Upper Hunter Development Control Plan 2015.']

Ratio Decidendi

The Court was satisfied that there were no jurisdictional impediments to the parties' agreement, that the amended development application satisfied the relevant statutory and planning controls, and that granting consent with conditions was a decision the Court could have made in the proper exercise of its functions; accordingly, s 34(3) required the Court to dispose of the proceedings in accordance with the parties' decision.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on the amended plans and documents listed in the orders.' "The Applicant is to pay the Respondent's costs that have been thrown away as a result of the amendment of the application for development consent under section 8.15(3) of the Environmental Planning and Assessment Act...