Gu v Campbelltown City Council [2023] NSWLEC 1485

Gu v Campbelltown City Council [2023] NSWLEC 1485

Because the parties reached agreement at a s 34 conciliation conference to grant development consent subject to conditions, the amended application resolved the contentions, the Respondent approved the amendment, the relevant jurisdictional prerequisites and applicable planning controls were satisfied, and the agreed decision was one the Court could make in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
29 August 2023
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 4705/2022/da C / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; Applicant ordered to pay Respondent's costs thrown away.
Legal Topics
['development Application' 'child Care Centre' 'amended Plans' 'conciliation Conference' 'agreement Reached' 'costs Thrown Away']
['planning and Environment' 'development Consent' 'land and Environment Court Procedure'] ['development Application' 'child Care Centre' 'amended Plans' 'conciliation Conference' 'agreement Reached' '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 4705/2022/da C / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the proposed decision agreed by the parties 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 the relevant jurisdictional prerequisites and planning controls for the development application were satisfied so as not to prevent the Court from making consent orders.' 'Whether development consent should be granted for demolition of existing structures and construction of a two storey child care centre over basement level parking, subject to conditions.']

Ratio Decidendi

Because the parties reached agreement at a s 34 conciliation conference to grant development consent subject to conditions, the amended application resolved the contentions, the Respondent approved the amendment, the relevant jurisdictional prerequisites and applicable planning controls were satisfied, and the agreed decision was one the Court could make in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions; Applicant ordered to pay Respondent's costs thrown away.

Orders

  • ["The Applicant is to pay the Respondent's costs thrown away under s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $8,850 within 14 days of the date of these orders." 'The appeal is upheld.' 'Development Application No 4705/2022/DA-C, seeking development consent for the demolition of...