Do v City of Ryde Council [2019] NSWLEC 1536

Do v City of Ryde Council [2019] NSWLEC 1536

Because the parties reached an agreement under s 34 of the Land and Environment Court Act 1979, the Commissioner was satisfied that the relevant preconditions to consent had been met, that the amended proposal was consistent with the character of the local area, and that the agreed decision was one the Court could have made in the proper exercise of its functions; the proceedings therefore had to be disposed of in accordance with the parties' decision and the development application was approved subject to conditions.

Jurisdiction
Australia
Judgment Date
05 November 2019
Procedural Posture
Class 1 Development Application Appeal / Orders Following S 34 Conciliation Conference Agreement
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'boarding House' 'affordable Rental Housing' 'conciliation Conference' 'consent Orders' 'neighbourhood Character' 'residential Amenity' 'parking']
['planning and Environment Law'] ['development Application' 'boarding House' 'affordable Rental Housing' 'conciliation Conference' 'consent Orders' 'neighbourhood Character' 'residential Amenity' 'parking']

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Procedural Posture

Class 1 Development Application Appeal / Orders Following S 34 Conciliation Conference Agreement

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the revised boarding house development satisfied the relevant preconditions to the granting of consent, including consistency with the character of the local area under cl 30A of the State Environmental Planning Policy (Affordable Rental Housing) 2009.']

Ratio Decidendi

Because the parties reached an agreement under s 34 of the Land and Environment Court Act 1979, the Commissioner was satisfied that the relevant preconditions to consent had been met, that the amended proposal was consistent with the character of the local area, and that the agreed decision was one the Court could have made in the proper exercise of its functions; the proceedings therefore had to be disposed of in accordance with the parties' decision and the development application was approved subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['Leave is granted to the Applicant to rely upon the amended plans listed in Condition 1 at Annexure A.' 'The appeal in respect of Land and Environment Court proceedings 18581 of 2019 is upheld.' 'Development Application DA2018/0224 to demolish the existing dwelling and construct a 12 room boarding house with...