Harmon International Holdings Pty Ltd v Inner West Council [2021] NSWLEC 1207

Harmon International Holdings Pty Ltd v Inner West Council [2021] NSWLEC 1207

The parties reached a s 34 agreement approving the amended development subject to agreed conditions, and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions because the amended proposal satisfied the relevant jurisdictional matters and would not contravene the EPA Act, environmental planning instruments or the Environmental Planning and Assessment Regulation 2000; therefore the proceedings had to be disposed of in accordance with the parties' decision.

Jurisdiction
Australia
Judgment Date
07 March 2021
Procedural Posture
Class 1 Appeal Against Refusal of Development Application D/2019/219 / Section 34 Conciliation Conference; Parties Reached Agreement and Sought Orders Approving the Development Application
Outcome
Appeal upheld; Development Application D/2019/219 approved subject to conditions.
Legal Topics
['development Application Appeal' 'section 34 Agreement' 'mixed Use Development' 'b2 Local Centre Zoning' 'floor Space Ratio' 'heritage Conservation Area' 'remediation of Land' 'traffic Noise and Road Access' 'flood Risk and Stormwater Management']
['planning and Environment Law' 'development Consent' 'land and Environment Court Conciliation'] ['development Application Appeal' 'section 34 Agreement' 'mixed Use Development' 'b2 Local Centre Zoning' 'floor Space Ratio' 'heritage Conservation Area' 'remediation of Land' 'traffic Noise and Road Access' 'flood Risk and Stormwater Management']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application D/2019/219 / Section 34 Conciliation Conference; Parties Reached Agreement and Sought Orders Approving the Development Application

Legal Issues

  1. 1 ['Whether leave should be granted for the applicants to rely on amended plans and additional information.' "Whether the parties' agreement under s 34 of the Land and Environment Court Act 1979 represented a decision the Court could make in the proper exercise of its functions." 'Whether Development Application D/2019/219 should be approved subject to agreed conditions of consent.']

Ratio Decidendi

The parties reached a s 34 agreement approving the amended development subject to agreed conditions, and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions because the amended proposal satisfied the relevant jurisdictional matters and would not contravene the EPA Act, environmental planning instruments or the Environmental Planning and Assessment Regulation 2000; therefore the proceedings had to be disposed of in accordance with the parties' decision.

Court Disposition

Appeal upheld; Development Application D/2019/219 approved subject to conditions.

Orders

  • ['Leave is granted for the applicants to rely on the amended plans and additional information as referred to in the conditions of consent at Annexure B and listed at Annexure A.' 'The appeal is upheld.' 'Development Application D/2019/219 for the partial demolition of the existing building with retention of the...