ES Engineering and Design Pty Ltd v Inner West Council [2023] NSWLEC 1242

ES Engineering and Design Pty Ltd v Inner West Council [2023] NSWLEC 1242

The amended development application satisfied the relevant jurisdictional and planning requirements, including the matters under s 4.15 of the Environmental Planning and Assessment Act 1979; there were no jurisdictional impediments to the parties' agreement; and, because the agreement was a decision 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 dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
23 May 2023
Procedural Posture
Class 1 Appeal Against Refusal of Development Application Da/2022/0365 / Final Orders Following S 34 AA Conciliation Conference and Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted to Development Application DA/2022/0365 as amended, subject to conditions in Annexure A.
Legal Topics
['development Application Appeal' 'demolition and Construction of Attached Dual Occupancy Dwellings' 'consolidation of Lots' 'strata Subdivision' 'conciliation Conference' 'consent Orders']
['environmental and Planning Law' 'development Consent' 'land and Environment Court Procedure'] ['development Application Appeal' 'demolition and Construction of Attached Dual Occupancy Dwellings' 'consolidation of Lots' 'strata Subdivision' 'conciliation Conference' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application Da/2022/0365 / Final Orders Following S 34 AA Conciliation Conference and Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether leave should be granted to rely on amended plans and documents supporting Development Application DA/2022/0365.' "Whether the parties' agreement was a decision the Court could have made in the proper exercise of its functions." 'Whether Development Application DA/2022/0365, as amended, satisfied the relevant requirements for grant of development consent, including s 4.15 of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

The amended development application satisfied the relevant jurisdictional and planning requirements, including the matters under s 4.15 of the Environmental Planning and Assessment Act 1979; there were no jurisdictional impediments to the parties' agreement; and, because the agreement was a decision 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 dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted to Development Application DA/2022/0365 as amended, subject to conditions in Annexure A.

Orders

  • ['Leave is granted to the applicant to rely on the amended plans at Condition 1 of the conditions of consent, described in Annexure A.' 'The appeal is upheld.' 'Development Application DA/2022/0365, as amended, seeking consolidation of 2 lots into one lot, demolition of existing structures and construction of a dual...