McKeon v Inner West Council [2022] NSWLEC 1657

McKeon v Inner West Council [2022] NSWLEC 1657

The Commissioner was satisfied that the agreed decision to grant development consent to the amended application subject to conditions was one the Court could make in the proper exercise of its functions because the identified jurisdictional preconditions were met, including permissibility of the dwelling house use, compliance with relevant development standards, consideration of earthworks, stormwater, BASIX, contamination and notification matters. Accordingly, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
29 November 2022
Procedural Posture
Class 1 Development Appeal Concerning Conditions of Development Consent / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application number DA/2022/0241, as amended, approved subject to conditions.
Legal Topics
['development Appeal' 'conditions of Consent' 'alterations and Additions to Dwelling House' 'swimming Pool and Associated Site Works' 'conciliation Conference' 'agreement Between Parties']
['environmental Planning and Assessment' 'development Consent' 'land and Environment Court Procedure'] ['development Appeal' 'conditions of Consent' 'alterations and Additions to Dwelling House' 'swimming Pool and Associated Site Works' 'conciliation Conference' 'agreement Between Parties']

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Procedural Posture

Class 1 Development Appeal Concerning Conditions of Development Consent / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court could approve Development Application number DA/2022/0241, as amended, for alterations and additions to the existing dwelling, associated works and swimming pool.' 'Whether the agreed decision to grant development consent subject to conditions was a decision the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether jurisdictional preconditions were met, including permissibility in the R1 General Residential zone, compliance with development standards, earthworks, stormwater management, BASIX requirements, contamination considerations and notification.']

Ratio Decidendi

The Commissioner was satisfied that the agreed decision to grant development consent to the amended application subject to conditions was one the Court could make in the proper exercise of its functions because the identified jurisdictional preconditions were met, including permissibility of the dwelling house use, compliance with relevant development standards, consideration of earthworks, stormwater, BASIX, contamination and notification matters. Accordingly, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with the agreement.

Court Disposition

Appeal upheld; Development Application number DA/2022/0241, as amended, approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application number DA/2022/0241, as amended, for alterations and additions to the ground and first floor levels of the existing dwelling, associated works and swimming pool on land identified as Lot 1 in Deposited Plan 910369, and known as 159 Flood Street, Leichhardt NSW 2040...