Worldmark Investments Pty Ltd v Penrith City Council [2020] NSWLEC 1385

Worldmark Investments Pty Ltd v Penrith City Council [2020] NSWLEC 1385

Because the parties reached agreement at the s 34 conciliation conference and the Court was satisfied, after considering the parties' jurisdictional submissions and the amended application, that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement and grant consent subject to conditions.

Jurisdiction
Australia
Judgment Date
21 August 2020
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No. 19/0535 / Orders Made Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; amended development application approved subject to conditions.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'boarding House Development' 'conciliation Conference' 'development Consent' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'deemed Refusal Appeal' 'boarding House Development' 'conciliation Conference' 'development Consent' 'costs Thrown Away']

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 Deemed Refusal of Development Application No. 19/0535 / Orders Made Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one 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 consent to the amended development application were satisfied.' 'Whether the amended 11-room boarding house development complied with applicable planning controls and environmental planning instruments.']

Ratio Decidendi

Because the parties reached agreement at the s 34 conciliation conference and the Court was satisfied, after considering the parties' jurisdictional submissions and the amended application, that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement and grant consent subject to conditions.

Court Disposition

Appeal upheld; amended development application approved subject to conditions.

Orders

  • ['The Applicant is granted leave to amend the development application No. 19/0535 and rely upon the amended plans and documents referred to in Annexure A.' "The Applicant is to pay the Respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in the agreed...