Taylor v Wingecarribee Shire Council [2024] NSWLEC 1539

Taylor v Wingecarribee Shire Council [2024] NSWLEC 1539

The parties reached agreement to grant development consent on the basis of amended plans and agreed conditions. The Commissioner was satisfied that the relevant jurisdictional prerequisites had been addressed and that the grant of development consent was a decision the Court could make in the proper exercise of its functions. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
03 September 2024
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 23/0764 / Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979; Agreed Orders Under S 34(3)
Outcome
Appeal upheld; Development Application No. 23/0764 determined by grant of development consent subject to conditions.
Legal Topics
['dwelling House Development Application' 'amended Plans' 'conciliation Conference Agreement' 'heritage Conservation Area' 'flood Risk' 'bushfire Prone Land' 'sydney Drinking Water Catchment' 'neutral or Beneficial Effect on Water Quality' 'contaminated Land Consideration']
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['dwelling House Development Application' 'amended Plans' 'conciliation Conference Agreement' 'heritage Conservation Area' 'flood Risk' 'bushfire Prone Land' 'sydney Drinking Water Catchment' 'neutral or Beneficial Effect on Water Quality' 'contaminated Land Consideration']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 23/0764 / Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979; Agreed Orders Under S 34(3)

Legal Issues

  1. 1 ["Whether the Court could grant development consent for Development Application No. 23/0764 in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether relevant jurisdictional prerequisites for the proposed development consent were satisfied, including heritage, flooding, earthworks, natural resources sensitivity, bushfire, BASIX, biodiversity and conservation, water quality, and contamination considerations.']

Ratio Decidendi

The parties reached agreement to grant development consent on the basis of amended plans and agreed conditions. The Commissioner was satisfied that the relevant jurisdictional prerequisites had been addressed and that the grant of development consent was a decision the Court could make in the proper exercise of its functions. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld; Development Application No. 23/0764 determined by grant of development consent subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application No. 23/0764 for construction of a new dwelling house at Lot 1 in Deposited Plan 324471 known as Wingecarribee Street, Berrima NSW 2577 is determined by the grant of development consent subject to conditions of consent in Annexure B to this judgment.']