Bardwell-Hill v Inner West Council [2023] NSWLEC 1116

Bardwell-Hill v Inner West Council [2023] NSWLEC 1116

The parties reached agreement to uphold the appeal and grant consent to the amended development application subject to conditions. The Court was satisfied, on the agreed jurisdictional reasons, that the relevant jurisdictional prerequisites were met and that the agreed decision was one the Court could have made in the proper exercise of its functions. Section 34(3) of the Land and Environment Court Act 1979 therefore required the Court to dispose of the proceedings in accordance with the parties' decision.

Jurisdiction
Australia
Judgment Date
15 March 2023
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders
Outcome
The appeal is upheld and development consent is granted subject to conditions.
Legal Topics
['development Appeal' 'residential Demolition and Construction' 'conciliation Conference' 'amended Development Application' 'jurisdictional Prerequisites for Granting Consent' 'basix Affected Development' 'stormwater Management' 'heritage Conservation Area']
['planning and Environment Law' 'development Consent' 'heritage Conservation'] ['development Appeal' 'residential Demolition and Construction' 'conciliation Conference' 'amended Development Application' 'jurisdictional Prerequisites for Granting Consent' 'basix Affected Development' 'stormwater Management' 'heritage Conservation Area']

Case Brief

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one 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 development consent could be granted under s 4.16 of the Environmental Planning and Assessment Act 1979 for DA/2022/0042 as amended.' 'Whether the jurisdictional prerequisites relevant to the amended development application were satisfied.' "Whether the amended development application addressed the respondent's contentions and issues raised in submissions."]

Ratio Decidendi

The parties reached agreement to uphold the appeal and grant consent to the amended development application subject to conditions. The Court was satisfied, on the agreed jurisdictional reasons, that the relevant jurisdictional prerequisites were met and that the agreed decision was one the Court could have made in the proper exercise of its functions. Section 34(3) of the Land and Environment Court Act 1979 therefore required the Court to dispose of the proceedings in accordance with the parties' decision.

Court Disposition

The appeal is upheld and development consent is granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development consent is granted for development application number DA/2022/0042, as amended, for demolition of existing building, construction of a two-storey dwelling, carport and related landscaping on land identified as Lot 13 in Deposited Plan 1103920 and known as 2 Waite Avenue, Balmain...