Bondi Crescent No 1 Pty Ltd v Waverley Council [2020] NSWLEC 1121

Bondi Crescent No 1 Pty Ltd v Waverley Council [2020] NSWLEC 1121

Because the amended plans, supporting documents and agreed conditions resolved the Council's contentions, objector issues and the identified jurisdictional prerequisites under the relevant planning instruments, the Court was satisfied there were no jurisdictional impediments and that granting consent to DA 395/2018 was a decision it could make; under s 34(3) of the Land and Environment Court Act 1979 the proceedings therefore had to be disposed of in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
13 March 2020
Procedural Posture
Class 1 Appeal Against the Deemed Refusal of Development Application DA 395/2018 / Conciliation Conference; Parties Reached Agreement and Court Made Orders
Outcome
Appeal upheld; development consent granted subject to conditions; leave granted to rely on amended plans and documents; applicant ordered to pay $15,000 in costs thrown away.
Legal Topics
['development Application' 'residential Apartment Building' 'affordable Rental Housing' 'basix' 'sepp 65 Design Quality' 'conciliation Conference' 'consent Orders' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'residential Apartment Building' 'affordable Rental Housing' 'basix' 'sepp 65 Design Quality' 'conciliation Conference' 'consent Orders' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Against the Deemed Refusal of Development Application DA 395/2018 / Conciliation Conference; Parties Reached Agreement and Court Made Orders

Legal Issues

  1. 1 ['Whether the Court should grant leave for the Applicant to rely on amended plans and documents.' "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." 'Whether DA 395/2018, as amended and subject to conditions, satisfied the relevant jurisdictional prerequisites under s 4.15(1) of the Environmental Planning and Assessment Act 1979.' 'Whether costs thrown away as a result of amending the development application should be paid.']

Ratio Decidendi

Because the amended plans, supporting documents and agreed conditions resolved the Council's contentions, objector issues and the identified jurisdictional prerequisites under the relevant planning instruments, the Court was satisfied there were no jurisdictional impediments and that granting consent to DA 395/2018 was a decision it could make; under s 34(3) of the Land and Environment Court Act 1979 the proceedings therefore had to be disposed of in accordance with the parties' agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions; leave granted to rely on amended plans and documents; applicant ordered to pay $15,000 in costs thrown away.

Orders

  • ["Leave is granted for the Applicant to rely on the amended plans and documents referred to in condition 1 of the conditions of consent at Annexure 'A'." 'Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that were thrown away as...