Citywide Developments Pty Limited v Inner West Council [2019] NSWLEC 1028

Citywide Developments Pty Limited v Inner West Council [2019] NSWLEC 1028

Satisfied that consent may be granted to the amended development application, including variation of site coverage under cl 4.6 of the Leichhardt Local Environmental Plan 2013, as sufficient environmental planning grounds are demonstrated and the decision is within the Court's powers under s 34 of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
25 January 2019
Procedural Posture
Development Application Appeal / Final Hearing (post Conciliation Conference and Agreement)
Outcome
Appeal upheld; development consent granted; orders by agreement
Legal Topics
['development Application' 'consent Orders' 'variation of Development Standard' 'landscaping Requirements']
['planning and Environment'] ['development Application' 'consent Orders' 'variation of Development Standard' 'landscaping Requirements']

Case Brief

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Procedural Posture

Development Application Appeal / Final Hearing (post Conciliation Conference and Agreement)

Legal Issues

  1. 1 ['Whether leave should be granted to amend the development application' 'Whether development consent should be granted subject to conditions' 'Whether the requirement of site coverage in clause 4.3A(3)(b) of Leichhardt Local Environmental Plan 2013 may be varied under clause 4.6']

Ratio Decidendi

Satisfied that consent may be granted to the amended development application, including variation of site coverage under cl 4.6 of the Leichhardt Local Environmental Plan 2013, as sufficient environmental planning grounds are demonstrated and the decision is within the Court's powers under s 34 of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted; orders by agreement

Orders

  • ['Applicant given leave to amend the development application and rely on specified plans and documents' "Applicant to pay Respondent's costs thrown away in the amount of $4,000" "Applicant's request under clause 4.6 of Leichhardt Local Environmental Plan 2013 for variation to site coverage is upheld" 'Appeal upheld'...