Conway v Tweed Shire Council [2023] NSWLEC 1347

Conway v Tweed Shire Council [2023] NSWLEC 1347

Because the parties reached agreement to uphold the appeal and grant development consent subject to conditions, and because the identified jurisdictional prerequisites were satisfied, the proposed development complied with relevant planning controls, no works were proposed in the 7F zone, the relevant SEPP considerations were addressed, and the respondent's contentions were resolved by conditions, the agreed decision was one the Court could have made in the proper exercise of its functions. The Court therefore 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
05 July 2023
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Refusal of Development Application Da22/0804 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders Under S 34(3)
Outcome
Appeal upheld; development consent granted subject to conditions of consent at Annexure A.
Legal Topics
['residential Development' 'alterations and Additions' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Prerequisites']
['planning and Environment Law' 'development Control' 'land and Environment Court Procedure'] ['residential Development' 'alterations and Additions' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Prerequisites']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Refusal of Development Application Da22/0804 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders Under S 34(3)

Legal Issues

  1. 1 ["Whether the parties' agreed decision 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 jurisdictional prerequisites for granting development consent to DA22/0804 under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied.' 'Whether the contentions raised by the respondent were resolved by conditions of consent.']

Ratio Decidendi

Because the parties reached agreement to uphold the appeal and grant development consent subject to conditions, and because the identified jurisdictional prerequisites were satisfied, the proposed development complied with relevant planning controls, no works were proposed in the 7F zone, the relevant SEPP considerations were addressed, and the respondent's contentions were resolved by conditions, the agreed decision was one the Court could have made in the proper exercise of its functions. The Court therefore 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 subject to conditions of consent at Annexure A.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to DA22/0804 for alterations and additions to the lower and upper floor of an existing dwelling house and granny flat at 4 Eclipse Lane, Casuarina NSW 2487, which converts the structure back to a single dwelling house, and the use of certain works to the lower...