Beeche Crawford & Crowe Pty Limited v Inner West Council [2022] NSWLEC 1550

Beeche Crawford & Crowe Pty Limited v Inner West Council [2022] NSWLEC 1550

Because the parties reached agreement at a s 34 conciliation conference and the Commissioner was satisfied that the jurisdictional prerequisites for consent were met, the cl 4.6 variation requests should be upheld, the proposal was acceptable under the relevant planning controls and s 4.15(1) of the Environmental Planning and Assessment Act 1979, and the agreed decision was one the Court could have made, the Court was required to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
11 October 2022
Procedural Posture
Class 1 Appeal Against Refusal of Development Application Da/2021/0459 / Orders Following S 34 Conciliation Conference Agreement
Outcome
Appeal upheld; development consent granted subject to conditions; cl 4.6 written requests upheld; Applicant ordered to pay Respondent's costs thrown away.
Legal Topics
['development Application' 'boarding House' 'conciliation Conference' 'agreement Between Parties' 'clause 4.6 Variation Requests' 'floor Space Ratio' 'height of Buildings' 'motorcycle Parking' 'heritage Conservation' 'affordable Rental Housing']
['planning and Environment' 'development Consent'] ['development Application' 'boarding House' 'conciliation Conference' 'agreement Between Parties' 'clause 4.6 Variation Requests' 'floor Space Ratio' 'height of Buildings' 'motorcycle Parking' 'heritage Conservation' 'affordable Rental Housing']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application Da/2021/0459 / Orders Following S 34 Conciliation Conference Agreement

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether jurisdictional prerequisites for granting development consent to the proposed boarding house were satisfied.' 'Whether written requests under cl 4.6 of Marrickville Local Environmental Plan 2011 to vary development standards for height of buildings, floor space ratio and motorcycle parking should be upheld.' 'Whether the proposed development was acceptable having regard to s 4.15(1) of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

Because the parties reached agreement at a s 34 conciliation conference and the Commissioner was satisfied that the jurisdictional prerequisites for consent were met, the cl 4.6 variation requests should be upheld, the proposal was acceptable under the relevant planning controls and s 4.15(1) of the Environmental Planning and Assessment Act 1979, and the agreed decision was one the Court could have made, the Court was required to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions; cl 4.6 written requests upheld; Applicant ordered to pay Respondent's costs thrown away.

Orders

  • ["The Applicant is to pay, within 28 days of the date of judgment, the Respondent's costs thrown away as a result of dealing with the amendments to the development application in the quantum of $15,000, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979." "The Applicant's written requests,...