Equity Land Holdings Pty Ltd v Inner West Council [2019] NSWLEC 1157

Equity Land Holdings Pty Ltd v Inner West Council [2019] NSWLEC 1157

Because the parties reached a s 34 agreement for a decision the Court could make, and because the Court was satisfied that the applicant's cl 4.6 written requests adequately justified the height and floor space ratio contraventions on environmental planning grounds and that the proposal was in the public interest by reason of consistency with the relevant development standard and zone objectives, the appeal was upheld and development consent was granted subject to conditions.

Jurisdiction
Australia
Judgment Date
03 May 2019
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No. 201700587 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'mixed Use Development' 'height of Buildings Development Standard' 'floor Space Ratio Development Standard' 'clause 4.6 Written Requests']
['environmental and Planning Law' 'development Consent'] ['development Application' 'conciliation Conference' 'mixed Use Development' 'height of Buildings Development Standard' 'floor Space Ratio Development Standard' 'clause 4.6 Written Requests']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No. 201700587 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' decision reached at the conciliation conference under s 34(3) of the Land and Environment Court Act 1979." "Whether the applicant's written request under cl 4.6 of the Marrickville Local Environmental Plan 2011 adequately addressed the contravention of the height of buildings development standard." 'Whether the proposed development was in the public interest because it was consistent with the objectives of the height of buildings development standard and the B4 Mixed Use zone.' "Whether the applicant's written request under cl 4.6 of the Marrickville Local Environmental Plan 2011 adequately addressed the contravention of the floor space ratio development standard." 'Whether the proposed development was in the public interest because it was consistent with the objectives of the floor space ratio development standard and the B4 Mixed Use zone.']

Ratio Decidendi

Because the parties reached a s 34 agreement for a decision the Court could make, and because the Court was satisfied that the applicant's cl 4.6 written requests adequately justified the height and floor space ratio contraventions on environmental planning grounds and that the proposal was in the public interest by reason of consistency with the relevant development standard and zone objectives, the appeal was upheld and development consent was granted subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ["The applicant is granted leave to amend the development application by relying on the amended documentation referred to in condition 1 of the conditions of consent at Annexure 'A.'" "The applicant is to pay the respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment...