AGIT Investment Pty Ltd v Strathfield Municipal Council [2022] NSWLEC 1419

AGIT Investment Pty Ltd v Strathfield Municipal Council [2022] NSWLEC 1419

Because the parties reached an agreed decision at the conciliation conference and the Court was satisfied that the relevant jurisdictional prerequisites were met, including satisfaction of the cl 4.6 request and the matters under s 4.15(1) of the Environmental Planning and Assessment Act 1979, the agreed decision...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 August 2022
Procedural Posture
Class 1 Development Application Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Conciliation Conference; Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; cl 4.6 written request upheld.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'height of Buildings Development Standard Variation' 'warehouse and Distribution Centre Development' 'state Environmental Planning Policies' 'strathfield Local Environmental Plan 2012']
['planning and Environment Law' 'development Consent'] ['development Application Appeal' 'conciliation Conference' 'height of Buildings Development Standard Variation' 'warehouse and Distribution Centre Development' 'state Environmental Planning Policies' 'strathfield Local Environmental Plan 2012']

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Procedural Posture

Class 1 Development Application Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Conciliation Conference; Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Applicant's written request under cl 4.6 of Strathfield Local Environmental Plan 2012 to contravene the height of buildings development standard in cl 4.3 should be upheld." 'Whether jurisdictional prerequisites for granting consent to the Proposed Development were satisfied.' "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."]

Ratio Decidendi

Because the parties reached an agreed decision at the conciliation conference and the Court was satisfied that the relevant jurisdictional prerequisites were met, including satisfaction of the cl 4.6 request and the matters under s 4.15(1) of the Environmental Planning and Assessment Act 1979, the agreed decision was one the Court could have made in the proper exercise of its functions and the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with it.

Court Disposition

Appeal upheld; development consent granted subject to conditions; cl 4.6 written request upheld.

Orders

  • ["The Applicant's written request prepared pursuant to cl 4.6 of SLEP to contravene the height of buildings development standard in cl 4.3 of SLEP is upheld." 'The appeal is upheld.' "Development Application No. DA2021/52 (as amended) for the demolition to part of existing structures, site preparation works, an...