Ibrahim v Canterbury-Bankstown Council [2019] NSWLEC 1299

Ibrahim v Canterbury-Bankstown Council [2019] NSWLEC 1299

The Court was satisfied that the parties' agreement to approve the amended development application was a decision the Court could make in the proper exercise of its functions. The amended proposal complied with required development standards under the Canterbury Local Environmental Plan 2012 and the State Environmental Planning Policy (Affordable Rental Housing) 2009, provided sufficient parking, was not precluded by the Planning Proposal because of the savings provision, was compatible with the local area, and had BASIX certification. The appeal was therefore upheld and development consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
28 June 2019
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders Made Following S 34 Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No.205/2015 approved subject to conditions of consent.
Legal Topics
['development Application' 'boarding House' 'conciliation Conference' 'affordable Rental Housing' 'local Environmental Plan Compliance' 'basix Compliance']
['environmental Planning and Development' 'land and Environment Court Proceedings'] ['development Application' 'boarding House' 'conciliation Conference' 'affordable Rental Housing' 'local Environmental Plan Compliance' 'basix Compliance']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 was a decision the Court could have made in the proper exercise of its functions." 'Whether Development Application No.205/2015 for a two storey boarding house could be approved under the relevant planning instruments and conditions.' 'Whether the proposed boarding house was compatible with the character of the local area under cl 30A of State Environmental Planning Policy (Affordable Rental Housing) 2009.']

Ratio Decidendi

The Court was satisfied that the parties' agreement to approve the amended development application was a decision the Court could make in the proper exercise of its functions. The amended proposal complied with required development standards under the Canterbury Local Environmental Plan 2012 and the State Environmental Planning Policy (Affordable Rental Housing) 2009, provided sufficient parking, was not precluded by the Planning Proposal because of the savings provision, was compatible with the local area, and had BASIX certification. The appeal was therefore upheld and development consent granted subject to conditions.

Court Disposition

Appeal upheld; Development Application No.205/2015 approved subject to conditions of consent.

Orders

  • ['The Applicant is granted leave to rely on the amended plans listed in the orders.' 'Each party is to pay their own costs of the proceedings, with the exception of the costs order made pursuant to section 8.15(3) of the Land and Environment Court Act 1979 on 14 February 2019.' 'The appeal is upheld.' 'Development...