Allen v Inner West Council [2021] NSWLEC 1431

Allen v Inner West Council [2021] NSWLEC 1431

The agreed decision was one the Court could make in the proper exercise of its functions because the relevant jurisdictional requirements were satisfied: contamination requirements under SEPP No 55 were met, an updated BASIX Certificate was provided, the proposal was permissible in the R2 Low Density zone and complied with height and floor space ratio standards, heritage concerns were addressed by agreed conditions, earthworks and aircraft noise requirements were satisfied by supporting documents and conditions, and lay submissions had been considered. The proceedings therefore had to be disposed of in accordance with the parties' agreed decision.

Jurisdiction
Australia
Judgment Date
29 July 2021
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da/2019/00213 / Mandatory Conciliation Conference Under S 34 Aa(2)(a) of the Land and Environment Court Act 1979; Agreement Reached Under S 34(3)
Outcome
Appeal upheld; development application approved subject to conditions at Annexure A.
Legal Topics
['development Application Refusal Appeal' 'conciliation Conference' 'dwelling House Alterations and Additions' 'heritage Conservation Area' 'remediation of Land' 'basix' 'earthworks' 'aircraft Noise']
['planning and Environment Law' 'development Consent'] ['development Application Refusal Appeal' 'conciliation Conference' 'dwelling House Alterations and Additions' 'heritage Conservation Area' 'remediation of Land' 'basix' 'earthworks' 'aircraft Noise']

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da/2019/00213 / Mandatory Conciliation Conference Under S 34 Aa(2)(a) of the Land and Environment Court Act 1979; Agreement Reached Under S 34(3)

Legal Issues

  1. 1 ['Whether the agreed decision to uphold the appeal and grant development consent subject to conditions was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether applicable planning controls and jurisdictional requirements, including contamination, BASIX, zoning, development standards, heritage, earthworks, aircraft noise and lay submissions, were satisfied.']

Ratio Decidendi

The agreed decision was one the Court could make in the proper exercise of its functions because the relevant jurisdictional requirements were satisfied: contamination requirements under SEPP No 55 were met, an updated BASIX Certificate was provided, the proposal was permissible in the R2 Low Density zone and complied with height and floor space ratio standards, heritage concerns were addressed by agreed conditions, earthworks and aircraft noise requirements were satisfied by supporting documents and conditions, and lay submissions had been considered. The proceedings therefore had to be disposed of in accordance with the parties' agreed decision.

Court Disposition

Appeal upheld; development application approved subject to conditions at Annexure A.

Orders

  • ['The appeal is upheld.' 'The development application DA/2019/00213 to demolish part of the premises and carry out ground and first floor alterations and additions to a dwelling house at Lot 1 in DP 931224, known as 49 Roberts Street Camperdown, is approved subject to the conditions at Annexure A.']