Columbia Nursing Homes Pty Ltd v Inner West Council [2019] NSWLEC 1596

Columbia Nursing Homes Pty Ltd v Inner West Council [2019] NSWLEC 1596

Because the parties reached agreement on orders and the Court was satisfied that the proposed decision was one it could have made in the proper exercise of its functions, including that the relevant jurisdictional prerequisites for consent were satisfied and there was no jurisdictional impediment, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
06 December 2019
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Parties Reached Agreement and Orders Were Made
Outcome
Appeal upheld; development application approved subject to conditions; Applicant granted leave to rely on amended plans and ordered to pay agreed costs thrown away.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'residential Aged Care Facility' 'floor Space Ratio Development Standard' 'clause 4.6 Objection' 'flood Planning' 'heritage Impact' 'remediation of Land']
['planning and Environment' 'development Consent'] ['development Application Appeal' 'conciliation Conference' 'residential Aged Care Facility' 'floor Space Ratio Development Standard' 'clause 4.6 Objection' 'flood Planning' 'heritage Impact' 'remediation of Land']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Parties Reached Agreement and Orders Were Made

Legal Issues

  1. 1 ["Whether the Court could make orders 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 under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied' 'Whether consent could be granted notwithstanding contravention of the Floor Space Ratio development standard in the Marrickville Local Environmental Plan 2011' 'Whether relevant planning controls concerning flooding, design principles, acid sulphate soils, contamination and heritage had been considered or satisfied']

Ratio Decidendi

Because the parties reached agreement on orders and the Court was satisfied that the proposed decision was one it could have made in the proper exercise of its functions, including that the relevant jurisdictional prerequisites for consent were satisfied and there was no jurisdictional impediment, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with the agreement.

Court Disposition

Appeal upheld; development application approved subject to conditions; Applicant granted leave to rely on amended plans and ordered to pay agreed costs thrown away.

Orders

  • ['The Applicant is granted leave to rely upon the amended plans set out in Annexure "A". The Applicant is to pay the Council\'s costs thrown away in the agreed sum of $5,000 pursuant to section 8.15(3) of the EP&A Act.' 'The Appeal is upheld.' 'Development Application Number 2018/00066, for demolition of an existing...