Emag Apartments Pty Ltd v Inner West Council [2020] NSWLEC 1589

Emag Apartments Pty Ltd v Inner West Council [2020] NSWLEC 1589

The development application for a four-storey boarding house at 11A Tupper Street, Enmore is approved subject to conditions, as the application complies with applicable planning controls, development standards, and relevant environmental planning policies, and the parties have agreed on the proposal at conciliation conference. No jurisdictional impediment exists to making the agreed orders.

Jurisdiction
Australia
Judgment Date
27 November 2020
Procedural Posture
Appeal (class 1 Development Appeal) / Judgment Following Conciliation Conference Agreement
Outcome
Appeal upheld; development application approved subject to conditions; applicant to pay respondent's thrown away costs.
Legal Topics
['development Application' 'boarding House' 'development Consent' 'amended Plans' 'conciliation Conference' 'agreement Between Parties']
['planning and Environment'] ['development Application' 'boarding House' 'development Consent' 'amended Plans' 'conciliation Conference' 'agreement Between Parties']

Case Brief

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Procedural Posture

Appeal (class 1 Development Appeal) / Judgment Following Conciliation Conference Agreement

Legal Issues

  1. 1 ['Whether the amended development application for a boarding house should be granted consent' 'Whether the development complies with relevant planning instruments and environmental policies' 'Whether the proposal is compatible with the local area']

Ratio Decidendi

The development application for a four-storey boarding house at 11A Tupper Street, Enmore is approved subject to conditions, as the application complies with applicable planning controls, development standards, and relevant environmental planning policies, and the parties have agreed on the proposal at conciliation conference. No jurisdictional impediment exists to making the agreed orders.

Court Disposition

Appeal upheld; development application approved subject to conditions; applicant to pay respondent's thrown away costs.

Orders

  • ['The Applicant is granted leave to amend the development application and rely upon the plans in condition 1 of Annexure A.' "The Applicant is to pay the Respondent's costs thrown away in the amount of $5,000 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979." 'The appeal is upheld.'...