Caygisval Pty Ltd v Strathfield Municipal Council [2022] NSWLEC 1225

Caygisval Pty Ltd v Strathfield Municipal Council [2022] NSWLEC 1225

The Court was satisfied that the relevant statutory and planning instrument prerequisites had been met, including the clause 4.6 height variation, remediation, housing, BASIX, permissibility, floor space ratio, earthworks and flood planning matters, and that the parties' agreement was a decision the Court could have made in the proper exercise of its functions; accordingly, s 34(3) required the Court to dispose of the proceedings in accordance with that agreement by upholding the appeal and granting consent subject to conditions.

Jurisdiction
Australia
Judgment Date
05 May 2022
Procedural Posture
Class 1 Development Application Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 Conciliation Conference Agreement
Outcome
Appeal upheld; clause 4.6 written request upheld; development consent granted subject to conditions.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'boarding House Development' 'clause 4.6 Variation' 'height of Buildings Development Standard' 'affordable Rental Housing' 'basix' 'flood Planning' 'remediation of Land']
['planning and Environment Law' 'development Consent'] ['development Application Appeal' 'conciliation Conference' 'boarding House Development' 'clause 4.6 Variation' 'height of Buildings Development Standard' 'affordable Rental Housing' 'basix' 'flood Planning' 'remediation of Land']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 Conciliation Conference Agreement

Legal Issues

  1. 1 ["Whether the parties' agreement to uphold the appeal and grant consent was a decision 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 jurisdictional prerequisites for granting consent to Development Application DA2021.229 were satisfied.' "Whether the Applicant's written request under clause 4.6 of the Strathfield Local Environmental Plan 2012 to vary the height of buildings development standard should be upheld."]

Ratio Decidendi

The Court was satisfied that the relevant statutory and planning instrument prerequisites had been met, including the clause 4.6 height variation, remediation, housing, BASIX, permissibility, floor space ratio, earthworks and flood planning matters, and that the parties' agreement was a decision the Court could have made in the proper exercise of its functions; accordingly, s 34(3) required the Court to dispose of the proceedings in accordance with that agreement by upholding the appeal and granting consent subject to conditions.

Court Disposition

Appeal upheld; clause 4.6 written request upheld; development consent granted subject to conditions.

Orders

  • ["The Applicant's written request pursuant to clause 4.6 of the Strathfield Local Environmental Plan 2012 to vary the development standard for Height of Buildings contained in clause 4.3 thereof, as prepared by Planning Ingenuity dated 2 March 2022, is upheld." 'The appeal is upheld.' "Consent is granted to...