Inner City Property Holdings Pty Ltd v Inner West Council [2020] NSWLEC 1220

Inner City Property Holdings Pty Ltd v Inner West Council [2020] NSWLEC 1220

Because the site was zoned B2 – Local Centre and mixed use buildings comprising a retail premise, hotel rooms and residential apartments were permitted with consent, and because the applicants' cl 4.6 written request adequately justified the floor space ratio contravention, the relevant jurisdictional prerequisites were satisfied and the parties' agreed decision was one the Court could have made in the proper exercise of its functions.

Jurisdiction
Australia
Judgment Date
18 May 2020
Procedural Posture
Class 1 Development Application Appeal Against Deemed Refusal / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement and Final Orders Were Made
Outcome
Appeal upheld; development consent granted subject to conditions in Annexure A.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'development Consent' 'clause 4.6 Variation' 'floor Space Ratio' 'mixed Use Development' 'heritage Conservation']
['planning and Environmental Law'] ['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'development Consent' 'clause 4.6 Variation' 'floor Space Ratio' 'mixed Use Development' 'heritage Conservation']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal Against Deemed Refusal / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement and Final Orders Were Made

Legal Issues

  1. 1 ["Whether the parties' agreed decision could have been made in the proper exercise of the Court's functions under s 34(3) of the Land and Environment Court Act 1979." "Whether the applicants' written request under cl 4.6 of the Leichhardt Local Environmental Plan 2013 justified contravention of the floor space ratio development standard." 'Whether the development satisfied the relevant jurisdictional prerequisites for grant of development consent.']

Ratio Decidendi

Because the site was zoned B2 – Local Centre and mixed use buildings comprising a retail premise, hotel rooms and residential apartments were permitted with consent, and because the applicants' cl 4.6 written request adequately justified the floor space ratio contravention, the relevant jurisdictional prerequisites were satisfied and the parties' agreed decision was one the Court could have made in the proper exercise of its functions.

Court Disposition

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

Orders

  • ['Leave is granted to the applicants to amend the development application and rely on the amended plans listed in condition 4 of Annexure A.' "Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicants are to pay the respondent's costs thrown away as a result of the amendment...