Canyon High Pty Ltd v Inner West Council [2021] NSWLEC 1371

Canyon High Pty Ltd v Inner West Council [2021] NSWLEC 1371

The Court upheld the cl 4.6 requests and gave effect to the parties' s 34 agreement because the amended boarding house proposal remained within the scope of the amendment power, was permissible in the R1 General Residential zone, satisfied relevant planning controls or justified variations to the minimum landscaped area and floor space ratio standards, addressed relevant SEPP requirements and submissions, and the agreed decision was one the Court could have made in the proper exercise of its functions.

Jurisdiction
Australia
Judgment Date
24 June 2021
Procedural Posture
Class 1 Appeal Concerning a Development Application for a Boarding House / Orders Following a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application for Boarding House' 'clause 4.6 Variation Requests' 'minimum Landscaped Area' 'floor Space Ratio' 'affordable Rental Housing' 'conciliation Conference']
['planning and Environment' 'development Consent' 'land and Environment Court Procedure'] ['development Application for Boarding House' 'clause 4.6 Variation Requests' 'minimum Landscaped Area' 'floor Space Ratio' 'affordable Rental Housing' 'conciliation Conference']

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Procedural Posture

Class 1 Appeal Concerning a Development Application for a Boarding House / Orders Following a 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/2020/0587 under cl 55 of the Environmental Planning and Assessment Regulation 2000.' "Whether the applicant's written cl 4.6 requests to vary the minimum landscaped area and floor space ratio development standards should be upheld." "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." 'Whether development consent should be granted for the boarding house subject to conditions.']

Ratio Decidendi

The Court upheld the cl 4.6 requests and gave effect to the parties' s 34 agreement because the amended boarding house proposal remained within the scope of the amendment power, was permissible in the R1 General Residential zone, satisfied relevant planning controls or justified variations to the minimum landscaped area and floor space ratio standards, addressed relevant SEPP requirements and submissions, and the agreed decision was one the Court could have made in the proper exercise of its functions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ["The Applicant's written clause 4.6 request to vary the permitted floor space ratio pursuant to Clause 4.4(2) of the Leichardt Local Environmental Plan 2013 prepared by HDC planning dated 27 May 2021 is upheld." "The Applicant's written clause 4.6 request to vary the minimum landscaped area pursuant to Clause...