Pantalone v Inner West Council [2021] NSWLEC 1105

Pantalone v Inner West Council [2021] NSWLEC 1105

Because the appeal was properly brought, the proposed dual occupancy was permissible with consent in the R1 General Residential zone, the amended development satisfied relevant planning controls and considerations, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
26 February 2021
Procedural Posture
Class 1 Appeal Concerning a Development Application for a Dual Occupancy Development / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; leave granted to amend the development application; development consent granted subject to conditions.
Legal Topics
['development Application' 'dual Occupancy' 'conciliation Conference' 'amendment of Development Application' 'residential Zoning' 'aircraft Noise' 'remediation of Land' 'basix' 'stormwater Management' 'privacy and Solar Access Impacts']
['environmental and Planning Law' 'development Consent'] ['development Application' 'dual Occupancy' 'conciliation Conference' 'amendment of Development Application' 'residential Zoning' 'aircraft Noise' 'remediation of Land' 'basix' 'stormwater Management' 'privacy and Solar Access Impacts']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a Development Application for a Dual Occupancy Development / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 was a decision the Court could have made in the proper exercise of its functions." 'Whether leave should be granted to amend development application D/2020/3.' 'Whether development consent should be granted for the proposed dual occupancy development subject to conditions.']

Ratio Decidendi

Because the appeal was properly brought, the proposed dual occupancy was permissible with consent in the R1 General Residential zone, the amended development satisfied relevant planning controls and considerations, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the agreement.

Court Disposition

Appeal upheld; leave granted to amend the development application; development consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to amend development application D/2020/3 to rely upon the plans referred to in condition 1 of Annexure A.' 'The appeal is upheld.' 'Development consent is granted to development application D/2020/3 for a new dual occupancy development comprising alterations and additions to the...