Chosen Group Developments Pty Ltd v Bayside Council [2022] NSWLEC 1334

Chosen Group Developments Pty Ltd v Bayside Council [2022] NSWLEC 1334

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that all identified jurisdictional preconditions were met, including permissibility in the R4 High Density Residential Zone and acceptable cl 4.6 requests for the height and floor space ratio contraventions, the Court could grant development consent to the amended application subject to conditions and was required to dispose of the proceedings in accordance with the agreed decision.

Jurisdiction
Australia
Judgment Date
29 June 2022
Procedural Posture
Class 1 Appeal Concerning a Development Application / Orders Made Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; applicant ordered to pay respondent's costs thrown away.
Legal Topics
['development Application Appeal' 'residential Flat Building' 'floor Space Ratio Development Standard' 'height Development Standard' 'clause 4.6 Variation Request' 'conciliation Conference' 'costs Thrown Away']
['planning and Environment' 'development Consent'] ['development Application Appeal' 'residential Flat Building' 'floor Space Ratio Development Standard' 'height Development Standard' 'clause 4.6 Variation Request' 'conciliation Conference' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a Development Application / Orders Made 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 grant development consent to the amended development application following the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether consent should be granted notwithstanding contravention of the height development standard in cl 4.3 of the Rockdale Local Environmental Plan 2011.' 'Whether consent should be granted notwithstanding contravention of the floor space ratio development standard in cl 4.4 of the Rockdale Local Environmental Plan 2011.' 'Whether relevant jurisdictional preconditions concerning acid sulfate soils, earthworks, BASIX, contamination, design verification and design quality were satisfied.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that all identified jurisdictional preconditions were met, including permissibility in the R4 High Density Residential Zone and acceptable cl 4.6 requests for the height and floor space ratio contraventions, the Court could grant development consent to the amended application subject to conditions and was required to dispose of the proceedings in accordance with the agreed decision.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant ordered to pay respondent's costs thrown away.

Orders

  • ["The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $11,000 within 14 days of these orders." 'The appeal is upheld.' 'Development consent is granted to development application DA-2021/136, as amended, for the...