Furusato Pty Ltd v Inner West Council [2023] NSWLEC 1623

Furusato Pty Ltd v Inner West Council [2023] NSWLEC 1623

Because the parties reached an agreement at the s 34 conciliation conference, the amended plans and documents addressed the Council's contentions, the Court was satisfied that all relevant jurisdictional prerequisites were met and no jurisdictional impediment arose, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' decision by upholding the appeal and granting consent to DA22/0733 as amended.

Jurisdiction
Australia
Judgment Date
20 October 2023
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Da22/0733 / Orders Made After S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted to DA22/0733 as amended; applicant ordered to pay respondent's costs thrown away.
Legal Topics
['development Appeal' 'alterations and Additions to Heritage Terraces' 'mixed Use Development' 'torrens Title Subdivision' 'heritage Conservation Area' 'floor Space Ratio Variation' 'conciliation Conference Agreement' 'costs Thrown Away']
['environmental and Planning Law' 'development Consent' 'land and Environment Court Procedure'] ['development Appeal' 'alterations and Additions to Heritage Terraces' 'mixed Use Development' 'torrens Title Subdivision' 'heritage Conservation Area' 'floor Space Ratio Variation' 'conciliation Conference Agreement' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Da22/0733 / Orders Made After S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court could make orders under s 34(3) of the Land and Environment Court Act 1979 in accordance with the parties' agreement." 'Whether there was any jurisdictional impediment to granting development consent to DA22/0733 as amended.' 'Whether the amended development was permissible having regard to the Inner West Local Environmental Plan 2022, including cl 5.3 and cl 6.13.' 'Whether written requests under cl 4.6 of the Inner West Local Environmental Plan 2022 to vary the floor space ratio development standard under cl 4.4 should be upheld.' 'Whether relevant matters under s 4.15(1) of the Environmental Planning and Assessment Act 1979 and applicable State environmental planning policies had been considered.']

Ratio Decidendi

Because the parties reached an agreement at the s 34 conciliation conference, the amended plans and documents addressed the Council's contentions, the Court was satisfied that all relevant jurisdictional prerequisites were met and no jurisdictional impediment arose, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' decision by upholding the appeal and granting consent to DA22/0733 as amended.

Court Disposition

Appeal upheld; development consent granted to DA22/0733 as amended; applicant ordered to pay respondent's costs thrown away.

Orders

  • ["The applicant is to pay the respondent's costs thrown away by the amendment of the DA pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $15,500 within 14 days of the date of these orders." 'The appeal is upheld.' 'Development consent is granted to Development...