Comlin Holdings Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1407

Comlin Holdings Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1407

Because the amended boarding house proposal was permissible with consent in the R3 Medium Density Residential zone, complied with relevant development standards and planning controls, satisfied contamination, BASIX, stormwater and local character requirements, and the agreed outcome was one the Court could have made in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to make orders in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
20 July 2021
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application DA 405/2019 / Orders Made Following Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; applicant granted leave to rely on amended plans and ordered to pay agreed costs.
Legal Topics
['boarding House Development Application' 'deemed Refusal Appeal' 'conciliation Conference Agreement' 'amended Plans' 'compatibility With Local Area Character' 'stormwater and Drainage Easement' 'contamination Assessment' 'basix' 'costs']
['planning and Environment' 'development Consent' 'land and Environment Court Procedure'] ['boarding House Development Application' 'deemed Refusal Appeal' 'conciliation Conference Agreement' 'amended Plans' 'compatibility With Local Area Character' 'stormwater and Drainage Easement' 'contamination Assessment' 'basix' 'costs']

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 the Deemed Refusal of Development Application DA 405/2019 / Orders Made Following Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision 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 development consent to the amended boarding house proposal were satisfied.' 'Whether the design of the development was compatible with the character of the local area under cl 30A of State Environmental Planning Policy (Affordable Rental Housing) 2009.' 'Whether the proposal satisfied relevant planning controls concerning zoning, building height, floor space ratio, earthworks, stormwater, contamination and BASIX.']

Ratio Decidendi

Because the amended boarding house proposal was permissible with consent in the R3 Medium Density Residential zone, complied with relevant development standards and planning controls, satisfied contamination, BASIX, stormwater and local character requirements, and the agreed outcome was one the Court could have made in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to make orders in accordance with the parties' agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant granted leave to rely on amended plans and ordered to pay agreed costs.

Orders

  • ['The Applicant is granted leave to rely on the amended plans set out in Condition 2 of the Conditions set out in Annexure A.' "The Applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed in the amount of $3,000 payable within 28 days."...