APS Property Management Pty Ltd v Inner West Council [2023] NSWLEC 1696

APS Property Management Pty Ltd v Inner West Council [2023] NSWLEC 1696

Because the parties reached agreement, the amended Development Application was filed with the Court and approved by the Respondent, and the Court was satisfied that the relevant jurisdictional prerequisites and environmental planning requirements were met, the agreed decision was one the Court could have made in the proper exercise of its functions and the appeal should be upheld with consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
17 November 2023
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application DA 2022/0415 / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; consent granted to Development Application DA-2022/0415 as amended, subject to conditions, with costs thrown away ordered.
Legal Topics
['development Application Appeal' 'warehouse Development' 'conciliation Conference Agreement' 'heritage Conservation' 'flood Planning' 'earthworks' 'site Contamination and Remediation' 'tree Retention and Removal' 'costs Thrown Away']
['planning and Environment' 'development Consent'] ['development Application Appeal' 'warehouse Development' 'conciliation Conference Agreement' 'heritage Conservation' 'flood Planning' 'earthworks' 'site Contamination and Remediation' 'tree Retention and Removal' 'costs Thrown Away']

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 Development Application DA 2022/0415 / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make the parties' agreed decision in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979" 'Whether jurisdictional prerequisites for granting consent to the amended Development Application were satisfied' 'Whether the amended Development Application addressed the relevant environmental planning instruments, development standards and contentions raised by the Respondent']

Ratio Decidendi

Because the parties reached agreement, the amended Development Application was filed with the Court and approved by the Respondent, and the Court was satisfied that the relevant jurisdictional prerequisites and environmental planning requirements were met, the agreed decision was one the Court could have made in the proper exercise of its functions and the appeal should be upheld with consent granted subject to conditions.

Court Disposition

Appeal upheld; consent granted to Development Application DA-2022/0415 as amended, subject to conditions, with costs thrown away ordered.

Orders

  • ['Leave is granted to the Applicant to amend Development Application DA-2022/0415 and rely upon the amended plans and documents referred to at Condition 1 of Annexure A.' "Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a...