Appwam Pty Ltd v Inner West Council [2023] NSWLEC 1216

Appwam Pty Ltd v Inner West Council [2023] NSWLEC 1216

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, the relevant jurisdictional prerequisites were identified and satisfied, and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with the parties' decision by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
09 May 2023
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No Da/2021/0651 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; Development Application DA/2021/0651 approved subject to conditions; leave granted to amend the development application; applicant ordered to pay respondent's costs thrown away.
Legal Topics
['development Application Appeal' 'boarding House' 'mixed Use Development' 'conciliation Conference' 'amended Plans' 'section 34 Agreement' 'costs Thrown Away']
['planning and Environment Law' 'development Consent'] ['development Application Appeal' 'boarding House' 'mixed Use Development' 'conciliation Conference' 'amended Plans' 'section 34 Agreement' '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 Refusal of Development Application No Da/2021/0651 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether leave should be granted to amend Development Application DA/2021/0651 to rely on amended plans and documents.' "Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether jurisdictional prerequisites for approval of the development application were satisfied.' 'Whether Development Application DA/2021/0651 should be approved subject to conditions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, the relevant jurisdictional prerequisites were identified and satisfied, and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with the parties' decision by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application DA/2021/0651 approved subject to conditions; leave granted to amend the development application; applicant ordered to pay respondent's costs thrown away.

Orders

  • ['Leave is granted to the applicant to amend the development application DA/2021/0651 to rely on the amended plans and document identified in Annexure A.' 'The Appeal is upheld.' 'Development Application DA/2021/0651 for construction of a mixed use development comprising of ground level commercial premises and a 76...