Karavelas v Georges River Council [2021] NSWLEC 1298

Karavelas v Georges River Council [2021] NSWLEC 1298

Because the parties agreed that the amended plans, supporting documents and conditions resolved Council's contentions and relevant jurisdictional requirements, and the Court was satisfied there were no jurisdictional impediments and that DA 2018/0578 satisfied s 4.15(1) of the Environmental Planning and Assessment Act 1979, the parties' agreed decision was one the Court could make; under s 34(3) of the Land and Environment Court Act 1979 the Court was required to dispose of the proceedings in accordance with that decision.

Jurisdiction
Australia
Judgment Date
27 May 2021
Procedural Posture
Class 1 Appeal Against Refusal of Development Application Da2018/0578 / Conciliation Conference Under S 34(1) 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; Applicant granted leave to rely on amended plans and materials; Applicant ordered to pay the Respondent's agreed costs.
Legal Topics
['development Application' 'residential Flat Building' 'conciliation Conference' 'agreement Between Parties' 'jurisdictional Prerequisites' 'costs']
['planning and Environment Law' 'development Consent'] ['development Application' 'residential Flat Building' 'conciliation Conference' 'agreement Between Parties' 'jurisdictional Prerequisites' 'costs']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application Da2018/0578 / Conciliation Conference Under S 34(1) 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 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 DA2018/0578 satisfied the matters in s 4.15(1) of the Environmental Planning and Assessment Act 1979 and could be granted consent under s 4.16.' 'Whether relevant planning instruments and controls, including SEPP 55, SEPP 65, SEPP BASIX, GMREP, HLEP and HDCP, were addressed.' 'Whether the Applicant should be granted leave to rely on amended plans and materials.']

Ratio Decidendi

Because the parties agreed that the amended plans, supporting documents and conditions resolved Council's contentions and relevant jurisdictional requirements, and the Court was satisfied there were no jurisdictional impediments and that DA 2018/0578 satisfied s 4.15(1) of the Environmental Planning and Assessment Act 1979, the parties' agreed decision was one the Court could make; under s 34(3) of the Land and Environment Court Act 1979 the Court was required to dispose of the proceedings in accordance with that decision.

Court Disposition

Appeal upheld; development consent granted subject to conditions; Applicant granted leave to rely on amended plans and materials; Applicant ordered to pay the Respondent's agreed costs.

Orders

  • ['The Applicant is granted leave to rely on amended architectural plans prepared by Cornerstone Design, amended landscape plans prepared by Zenith Landscape Designs, amended stormwater plans prepared by Alpha Engineering and Development, Survey Accuracy Letter prepared by Buxton Surveyors dated 13 November 2020,...