Eskaroos v Wollongong City Council [2022] NSWLEC 1364

Eskaroos v Wollongong City Council [2022] NSWLEC 1364

Because the parties reached agreement after the conciliation conference and the Court was satisfied that the agreed decision was one it could have made in the proper exercise of its functions, including because the identified jurisdictional prerequisites were satisfied, the proceedings had to be disposed of in accordance with that agreement by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
13 July 2022
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 2021/815 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; amended development application approved subject to conditions; Applicant to pay Respondent's agreed costs thrown away by the amendment.
Legal Topics
['development Appeal' 'child Care Centre' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Prerequisites' 'costs Thrown Away by Amendment of Development Application']
['planning and Environment' 'development Consent' 'land and Environment Court Proceedings'] ['development Appeal' 'child Care Centre' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Prerequisites' 'costs Thrown Away by Amendment of Development Application']

Case Brief

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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 2021/815 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

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 under the applicable environmental planning instruments were satisfied for consent to the amended child care centre development.' "Whether the Applicant should pay the Respondent's costs thrown away as a result of amendment of the application for development consent."]

Ratio Decidendi

Because the parties reached agreement after the conciliation conference and the Court was satisfied that the agreed decision was one it could have made in the proper exercise of its functions, including because the identified jurisdictional prerequisites were satisfied, the proceedings had to be disposed of in accordance with that agreement by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; amended development application approved subject to conditions; Applicant to pay Respondent's agreed costs thrown away by the amendment.

Orders

  • ['The appeal is upheld.' 'Development Application No. DA-2021/815 lodged on 27 July 2021, as amended, for the demolition of two dwelling houses and ancillary structures and the construction of a two-storey childcare centre including at grade parking at 127-129 Kanahooka Road, Kanahooka is approved subject to the...