2628 Pty Ltd v Inner West Council [2018] NSWLEC 1689

2628 Pty Ltd v Inner West Council [2018] NSWLEC 1689

Because the parties reached an agreement under s 34(3) and the Commissioner was satisfied that the amended hotel development was permissible in the B6 Enterprise Corridor zone and that the clause 4.6 written requests justified the height and floor space ratio contraventions, the agreed decision to grant leave to amend and approve the development application subject to conditions was one the Court could make in the proper exercise of its functions.

Jurisdiction
Australia
Judgment Date
21 December 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following S 34 Conciliation Conference Agreement
Outcome
Appeal upheld; leave granted to amend the proposal; development application approved subject to conditions; applicant's clause 4.6 written request upheld.
Legal Topics
['development Application' 'hotel Development' 'conciliation Conference' 'development Consent' 'height Development Standard' 'floor Space Ratio Development Standard' 'clause 4.6 Written Request']
['planning and Environment Law'] ['development Application' 'hotel Development' 'conciliation Conference' 'development Consent' 'height Development Standard' 'floor Space Ratio Development Standard' 'clause 4.6 Written Request']

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following S 34 Conciliation Conference Agreement

Legal Issues

  1. 1 ['Whether leave should be granted to amend the development application.' 'Whether development consent should be granted for demolition of existing structures and construction of a 3-storey hotel with 78 rooms and a basement car park.' 'Whether consent could be granted notwithstanding contraventions of the height and floor space ratio development standards under the Ashfield Local Environmental Plan 2013.' "Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 was a decision the Court could make in the proper exercise of its functions."]

Ratio Decidendi

Because the parties reached an agreement under s 34(3) and the Commissioner was satisfied that the amended hotel development was permissible in the B6 Enterprise Corridor zone and that the clause 4.6 written requests justified the height and floor space ratio contraventions, the agreed decision to grant leave to amend and approve the development application subject to conditions was one the Court could make in the proper exercise of its functions.

Court Disposition

Appeal upheld; leave granted to amend the proposal; development application approved subject to conditions; applicant's clause 4.6 written request upheld.

Orders

  • ['The applicant is granted leave to amend the proposal in accordance with the amended documentation referred to in condition 1 of the conditions at annexure "A".' "The applicant is to pay the respondent's costs thrown away pursuant to s8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of...