Jam Ventures Australia Pty Ltd v Inner West Council [2019] NSWLEC 1456

Jam Ventures Australia Pty Ltd v Inner West Council [2019] NSWLEC 1456

The proposed stormwater drainage plan is adequate to capture, retain and dispose of site stormwater without adverse impact on adjoining properties and achieves the objectives of the Leichhardt Local Environmental Plan 2013 and Leichhardt Development Control Plan 2013. Flexibility can be exercised to allow a departure from specific DCP controls when the objectives are met and reasonable attempts to obtain an easement have failed.

Parties
Applicant: Jam Ventures Australia Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
26 September 2019
Procedural Posture
Appeal / Judgment on Appeal of Refusal of Modification Application
Outcome
Appeal upheld; consent is modified as proposed.
Legal Topics
Development Consent Modification, Stormwater Drainage, Flexibility in Development Control Plans, Deferred Commencement Conditions
Planning and Environment Law Development Consent Modification Stormwater Drainage Flexibility in Development Control Plans Deferred Commencement Conditions

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Parties

Jam Ventures Australia Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Appeal / Judgment on Appeal of Refusal of Modification Application

Legal Issues

  1. 1 Whether deferred commencement condition requiring easement should be deleted
  2. 2 Whether proposed alternative stormwater drainage plan is adequate
  3. 3 Whether flexibility should be afforded where LDCP 2013 standards are not strictly met

Ratio Decidendi

The proposed stormwater drainage plan is adequate to capture, retain and dispose of site stormwater without adverse impact on adjoining properties and achieves the objectives of the Leichhardt Local Environmental Plan 2013 and Leichhardt Development Control Plan 2013. Flexibility can be exercised to allow a departure from specific DCP controls when the objectives are met and reasonable attempts to obtain an easement have failed.

Court Disposition

Appeal upheld; consent is modified as proposed.

Orders

  • The appeal is upheld.
  • The application to modify development consent D/2015/680 is granted by amending condition 1 of Part B, deleting the deferred commencement conditions and deleting conditions 3, 22, and 40(d) of Part B.