AJC United Investment Pty Ltd v Georges River Council [2022] NSWLEC 1343

AJC United Investment Pty Ltd v Georges River Council [2022] NSWLEC 1343

Because the parties reached an agreement under s 34 of the Land and Environment Court Act 1979 and the Commissioner was satisfied that each identified jurisdictional precondition was met, including permissibility of the dual occupancy use, adequate justification for the cl 4.6 variations, compliance with other applicable development standards, contamination consideration and BASIX certification, the Court could properly make the agreed decision granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
01 July 2022
Procedural Posture
Class 1 Appeal Concerning a Development Application / Orders Made Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'development Consent' 'dual Occupancy' 'torrens Title Subdivision' 'minimum Lot Size Development Standard' 'clause 4.6 Written Request' 'conciliation Conference']
['planning and Environment Law'] ['development Application' 'development Consent' 'dual Occupancy' 'torrens Title Subdivision' 'minimum Lot Size Development Standard' 'clause 4.6 Written Request' 'conciliation Conference']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Concerning a Development Application / Orders Made Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether written requests under cl 4.6 of the Hurstville Local Environmental Plan 2012 justified contraventions of the minimum lot size standards for dual occupancy and subdivision.' 'Whether development consent should be granted for demolition works, construction of a dual occupancy and Torrens title subdivision at 3 Cooloongatta Road, Beverly Hills.']

Ratio Decidendi

Because the parties reached an agreement under s 34 of the Land and Environment Court Act 1979 and the Commissioner was satisfied that each identified jurisdictional precondition was met, including permissibility of the dual occupancy use, adequate justification for the cl 4.6 variations, compliance with other applicable development standards, contamination consideration and BASIX certification, the Court could properly make the agreed decision granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['Leave is granted to the Applicant in these proceedings to amend the name of the applicant to AJC United Investment Pty Ltd ACN 61 087 314 869.' "The Applicant's written request prepared pursuant to clause 4.6 of HLEP dated June 2022 seeking to justify the breach of the development standard pertaining to the...