Urbex 117 Pty Ltd v Tweed Shire Council [2023] NSWLEC 1265

Urbex 117 Pty Ltd v Tweed Shire Council [2023] NSWLEC 1265

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions, having considered the relevant statutory planning controls and finding no jurisdictional impediment. The proceedings were therefore disposed of in accordance with the agreement by upholding the appeal, ordering the Applicant to pay the Respondent's costs thrown away by the amendment, and granting development consent to the amended application subject to conditions.

Jurisdiction
Australia
Judgment Date
01 June 2023
Procedural Posture
Class 1 Development Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application DA 21/0517 / Orders Following Court Arranged Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted to the amended development application subject to conditions; Applicant ordered to pay the Respondent's costs thrown away by the amendment as agreed or assessed.
Legal Topics
['development Consent' 'development Appeal' 'conciliation Conference' 'residential Flat Building' 'amended Development Application' 'costs Thrown Away']
['planning and Environment Law'] ['development Consent' 'development Appeal' 'conciliation Conference' 'residential Flat Building' 'amended Development Application' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application DA 21/0517 / Orders Following Court Arranged Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979" 'Whether development consent should be granted to the amended development application for demolition and construction of a four-storey residential flat building with basement car parking, swimming pool and related landscaping' 'Whether there was any jurisdictional impediment to making the agreed orders']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions, having considered the relevant statutory planning controls and finding no jurisdictional impediment. The proceedings were therefore disposed of in accordance with the agreement by upholding the appeal, ordering the Applicant to pay the Respondent's costs thrown away by the amendment, and granting development consent to the amended application subject to conditions.

Court Disposition

Appeal upheld; development consent granted to the amended development application subject to conditions; Applicant ordered to pay the Respondent's costs thrown away by the amendment as agreed or assessed.

Orders

  • ['The appeal is upheld.' 'The Applicant is to pay those costs of the Respondent thrown away as a result of the amendment of the application for development consent as agreed or assessed in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979.' 'Development consent is granted to development...