JRNN Pty Limited v Inner West Council [2019] NSWLEC 1039

JRNN Pty Limited v Inner West Council [2019] NSWLEC 1039

The amended landscape and architectural plans and additional information allowed proper assessment of the proposal and, based on the advice of the Council's experts, resolved the contentions concerning tree and amenity impacts; therefore the agreed decision to uphold the appeal and grant consent 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.

Jurisdiction
Australia
Judgment Date
01 February 2019
Procedural Posture
Class 1 Appeal Against Deemed Refusal of a Development Application / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Consent Orders
Outcome
Appeal upheld and Development Application DA/2018/293 approved, subject to conditions.
Legal Topics
['development Application' 'affordable Housing' 'impact on Trees' 'amenity of Adjoining Properties' 'conciliation Conference' 'deemed Refusal']
['planning and Environment Law'] ['development Application' 'affordable Housing' 'impact on Trees' 'amenity of Adjoining Properties' 'conciliation Conference' 'deemed Refusal']

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of a Development Application / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Consent Orders

Legal Issues

  1. 1 ['Whether the impact of the proposal on existing trees on the site is acceptable.' 'Whether the impact of the proposal on the amenity of adjoining residents is acceptable.']

Ratio Decidendi

The amended landscape and architectural plans and additional information allowed proper assessment of the proposal and, based on the advice of the Council's experts, resolved the contentions concerning tree and amenity impacts; therefore the agreed decision to uphold the appeal and grant consent 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.

Court Disposition

Appeal upheld and Development Application DA/2018/293 approved, subject to conditions.

Orders

  • ['Leave is granted for the Applicant to rely on the amended plans and material listed in paragraph 1 of the conditions set out in Annexure A.' 'The appeal is upheld and Development Application DA/2018/293, for the demolition of existing structures, construction of a new 5 storey residential flat building comprising...