Chen v Inner West Council [2024] NSWLEC 1399

Chen v Inner West Council [2024] NSWLEC 1399

The parties reached agreement after the conciliation conference that the amended proposal should be approved subject to conditions. The Court was satisfied, adopting the parties' 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. Accordingly, the Court was required to dispose of the proceedings in accordance with the parties' decision and upheld the appeal, granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
12 July 2024
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. Da/2023/0533 / Orders Following S 34 AA Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['residential Development' 'development Appeal' 'conciliation Conference' 'agreement Between Parties' 'demolition and Construction of Dwelling' 'heritage Conservation Area' 'stormwater Management' 'acid Sulfate Soils' 'contaminated Land' 'sydney Harbour Catchment']
['planning and Environment' 'development Consent' 'heritage Conservation'] ['residential Development' 'development Appeal' 'conciliation Conference' 'agreement Between Parties' 'demolition and Construction of Dwelling' 'heritage Conservation Area' 'stormwater Management' 'acid Sulfate Soils' 'contaminated Land' 'sydney Harbour Catchment']

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 Against Refusal of Development Application No. Da/2023/0533 / Orders Following S 34 AA Conciliation Conference and Agreement Between the Parties

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 for the amended development application under s 4.16 of the Environmental Planning and Assessment Act 1979.' 'Whether relevant jurisdictional prerequisites concerning zoning, demolition, landscaped area, site coverage, floor space ratio, heritage, acid sulfate soils, earthworks, contamination, Sydney Harbour Catchment impacts and stormwater management were satisfied.']

Ratio Decidendi

The parties reached agreement after the conciliation conference that the amended proposal should be approved subject to conditions. The Court was satisfied, adopting the parties' 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. Accordingly, the Court was required to dispose of the proceedings in accordance with the parties' decision and upheld the appeal, granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on the Amended Development Application.' 'The appeal is upheld.' 'Development Application No. DA/2023/0533 as amended, for the demolition of existing dwelling and construction of a two (2) storey dwelling and associated landscaping at 4A Datchett Street, Balmain East, is...