Bonus v Inner West Council [2020] NSWLEC 1016

Bonus v Inner West Council [2020] NSWLEC 1016

The Court was satisfied that the proposed development was permissible in the R1 General Residential zone, that remediation requirements under SEPP 55 would be met through the remediation assessment, action plan and conditions, and that the Applicant's cl 4.6 written requests adequately justified variations to the floor space ratio and foreshore building line controls. Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) required the proceedings to be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
21 January 2020
Procedural Posture
Class 1 Development Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 (nsw) Concerning Refusal of a Development Application / Orders Following S 34 Conciliation Conference and Signed Agreement Under S 34(10) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions in Annexure A.
Legal Topics
['development Consent' 'semi Detached Dwellings' 'heritage Conservation' 'conciliation Conference' 'clause 4.6 Variation' 'floor Space Ratio' 'foreshore Building Line' 'remediation of Land' 'torrens Title Subdivision']
['planning and Environment Law' 'development Appeals'] ['development Consent' 'semi Detached Dwellings' 'heritage Conservation' 'conciliation Conference' 'clause 4.6 Variation' 'floor Space Ratio' 'foreshore Building Line' 'remediation of Land' 'torrens Title Subdivision']

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Procedural Posture

Class 1 Development Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 (nsw) Concerning Refusal of a Development Application / Orders Following S 34 Conciliation Conference and Signed Agreement Under S 34(10) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether jurisdictional prerequisites under State Environmental Planning Policy No 55 – Remediation of Land and the Leichhardt Local Environmental Plan 2013 were satisfied.' 'Whether written requests under cl 4.6 of the Leichhardt Local Environmental Plan 2013 justified contraventions of the floor space ratio development standard in cl 4.4 and the foreshore building line control in cl 6.5.']

Ratio Decidendi

The Court was satisfied that the proposed development was permissible in the R1 General Residential zone, that remediation requirements under SEPP 55 would be met through the remediation assessment, action plan and conditions, and that the Applicant's cl 4.6 written requests adequately justified variations to the floor space ratio and foreshore building line controls. Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) required the proceedings to be disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions in Annexure A.

Orders

  • ['Leave is granted to the Applicant to amend the development application and rely on the amended plans listed in condition 4 of Annexure A.' "The Applicant is to pay the Respondent's re-notification costs of $1,105 payable within 28 days of this agreement." "The applicants are to pay the Respondent's costs thrown...