Design Studio 407 Pty Ltd v Canterbury-Bankstown Council [2020] NSWLEC 1618

Design Studio 407 Pty Ltd v Canterbury-Bankstown Council [2020] NSWLEC 1618

Because the parties reached agreement on orders upholding the appeal and granting consent to an amended proposal, and the Court was satisfied that the decision was one it could make, including because the amended proposal was consistent with the principal development standards in Part 4 of the Canterbury Local Environmental Plan 2012 and was supported by a BASIX Certificate with conditions imposed to ensure compliance, the proceedings were disposed of under s 34(3)(a) and (b) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
09 December 2020
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application DA 253/2020 / Orders Made Following S 34 Aa(2) Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted to Development Application DA 253/2020 subject to conditions; each party to pay their own costs.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'development Consent' 'basix Certificate' 'local Environmental Plan Compliance']
['environmental Planning and Development' 'land and Environment Court Procedure'] ['development Application Appeal' 'conciliation Conference' 'development Consent' 'basix Certificate' 'local Environmental Plan Compliance']

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 Refusal of Development Application DA 253/2020 / Orders Made Following S 34 Aa(2) Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the proceedings should be disposed of in accordance with the agreement reached at the conciliation conference.' 'Whether the agreed decision to grant development consent to the amended proposal was a decision the Court could have made in the proper exercise of its functions.' 'Whether jurisdictional prerequisites for granting consent were satisfied, including consistency with principal development standards and BASIX requirements.']

Ratio Decidendi

Because the parties reached agreement on orders upholding the appeal and granting consent to an amended proposal, and the Court was satisfied that the decision was one it could make, including because the amended proposal was consistent with the principal development standards in Part 4 of the Canterbury Local Environmental Plan 2012 and was supported by a BASIX Certificate with conditions imposed to ensure compliance, the proceedings were disposed of under s 34(3)(a) and (b) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted to Development Application DA 253/2020 subject to conditions; each party to pay their own costs.

Orders

  • ['Leave is granted to the Applicant to rely on architectural plans prepared by Design Studio, Drawing Nos 1557-001 to 1557-020, Revision D, dated 2 October 2020.' 'Leave is granted to the Applicant to rely upon the letter from Gerard Barry Associates dated 2 October 2020.' 'The appeal is upheld.' 'Development...