Gransasso D’Italia Pty Ltd v Inner West Council [2019] NSWLEC 1346

Gransasso D’Italia Pty Ltd v Inner West Council [2019] NSWLEC 1346

Because the parties reached agreement at the s 34 conciliation conference and the Court was satisfied that it could grant consent in the proper exercise of its functions, including that the cl 4.6 written request adequately addressed cl 4.6(3), the development was in the public interest by reason of consistency with the objectives of the FSR standard and the R1 General Residential zone, and the heritage impacts were acceptable under cl 5.10 of LEP 2013, the appeal was upheld and development consent was granted subject to conditions.

Jurisdiction
Australia
Judgment Date
24 July 2019
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application No. D/2017/587 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'floor Space Ratio Development Standard' 'clause 4.6 Variation' 'heritage Impact']
['planning and Environment Law' 'development Consent' 'heritage Conservation'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'floor Space Ratio Development Standard' 'clause 4.6 Variation' 'heritage Impact']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application No. D/2017/587 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders in accordance with the parties' agreement reached at the conciliation conference under s 34 of the Land and Environment Court Act 1979." "Whether the applicant's written request adequately addressed the matters required by cl 4.6(3) of the Leichhardt Local Environmental Plan 2013 for contravention of the floor space ratio development standard." 'Whether the proposed development would be in the public interest because it was consistent with the objectives of the contravened development standard and the R1 General Residential zone.' 'Whether the proposal had an acceptable heritage impact on the local heritage item at 56 Ballast Point Road, Birchgrove.']

Ratio Decidendi

Because the parties reached agreement at the s 34 conciliation conference and the Court was satisfied that it could grant consent in the proper exercise of its functions, including that the cl 4.6 written request adequately addressed cl 4.6(3), the development was in the public interest by reason of consistency with the objectives of the FSR standard and the R1 General Residential zone, and the heritage impacts were acceptable under cl 5.10 of LEP 2013, the appeal was upheld and development consent was granted subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The applicant is granted leave to amend the application by relying on the amended plans listed in Condition 1 of the conditions of consent at Annexure A.' "Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs agreed of $1,000.00 within 7...