Icon Construction Group Pty Ltd v Georges River Council [2019] NSWLEC 1156

Icon Construction Group Pty Ltd v Georges River Council [2019] NSWLEC 1156

Because the parties reached agreement on amended plans, and the Commissioner was satisfied that the proposal retained the heritage listed terraces and had an acceptable impact on their identified heritage significance, the jurisdictional prerequisites were met and the agreed decision was one the Court could make; the appeal was therefore upheld and development consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
05 April 2019
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Consent Orders Made
Outcome
Appeal upheld; Development Application No. 2018/0138 approved subject to conditions of consent at Annexure A.
Legal Topics
['development Application' 'deemed Refusal' 'conciliation Conference' 'agreement Between the Parties' 'exceedance of Height of Buildings Development Standard' 'heritage Listed Terraces']
['planning and Environment Law' 'development Consent' 'heritage Conservation'] ['development Application' 'deemed Refusal' 'conciliation Conference' 'agreement Between the Parties' 'exceedance of Height of Buildings Development Standard' 'heritage Listed Terraces']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Consent Orders Made

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the jurisdictional prerequisites under cl 5.10(4) of the Kogarah Local Environmental Plan 2012 were satisfied.' 'Whether the proposed development had an acceptable impact on the heritage significance of the terraces, "Leah Building".']

Ratio Decidendi

Because the parties reached agreement on amended plans, and the Commissioner was satisfied that the proposal retained the heritage listed terraces and had an acceptable impact on their identified heritage significance, the jurisdictional prerequisites were met and the agreed decision was one the Court could make; the appeal was therefore upheld and development consent granted subject to conditions.

Court Disposition

Appeal upheld; Development Application No. 2018/0138 approved subject to conditions of consent at Annexure A.

Orders

  • ['The applicant is granted leave to amend the Development Application by relying on amended plans listed in condition 1 of the conditions of consent at Annexure A.' "The applicant is to pay the respondent's costs in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed in the...