El Khouri v Gemaveld Pty Ltd

(2023) 256 LGERA 24; [2023] NSWCA 78

NSW Court of Appeal

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Interrogate

Catchwords

1. Environment and Planning
2. › Development consent
3. › Judicial review
4. › Jurisdictional fact
5. › Height of buildings development standard
6. › Whether compliance with height control a jurisdictional fact
7. › Whether consent reviewable on basis of evidence not before decision-maker
8. › Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16
9. › Kogarah Local Environmental Plan 2012, cl 4.3
1. Environment and Planning
2. › Development consent
3. › Conciliation conference
4. › Land and Environment Court
5. › Whether consent granted following conciliation conference differently susceptible to judicial review than consent granted after hearing
6. › Land and Environment Court Act 1979 (NSW), s 34(3)
1. Environment and Planning
2. › Environmental planning instruments
3. › Force of law
4. › Whether local environmental plan applies of its own force independently of s 4.15
5. › Environmental Planning and Assessment Act 1979 (NSW), ss 3.16, 4.2, 4.3, 4.15

Quick Take

Development consents granted following conciliation conferences in the Land and Environment Court cannot be challenged on the basis of fresh evidence of non-compliance with development standards in jurisdictional review proceedings, as compliance with environmental planning instruments is not a jurisdictional fact.