Le Grandeur Pty Limited v Inner West Council [2023] NSWLEC 1547

Le Grandeur Pty Limited v Inner West Council [2023] NSWLEC 1547

The Court was satisfied that the amended development application met the relevant jurisdictional prerequisites, including permissibility in the E1 Local Centre zone, applicable floor space ratio provisions, acid sulfate soils, earthworks and stormwater provisions, residential accommodation provisions, SEPP 65 and Apartment Design Guide requirements, contamination and remediation requirements, and BASIX requirements. Because the parties' s 34 agreement was a decision the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement, uphold the appeal and grant conditional development consent.

Jurisdiction
Australia
Judgment Date
21 September 2023
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No Da/2022/0228 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld and development consent granted subject to conditions; Applicant ordered to pay Respondent's costs thrown away.
Legal Topics
['class 1 Development Appeal' 'residential Apartment Development in E1 Local Centre Zone' 'shop Top Housing' 'section 34 Conciliation Agreement' 'jurisdictional Prerequisites for Development Consent' 'contamination and Remediation' 'sepp 65 and Apartment Design Guide' 'basix']
['planning and Environment Law' 'development Consent' 'land Use Planning'] ['class 1 Development Appeal' 'residential Apartment Development in E1 Local Centre Zone' 'shop Top Housing' 'section 34 Conciliation Agreement' 'jurisdictional Prerequisites for Development Consent' 'contamination and Remediation' 'sepp 65 and Apartment Design Guide' 'basix']

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No Da/2022/0228 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34 of the Land and Environment Court Act 1979 was a decision the Court could have made in the proper exercise of its functions" 'Whether jurisdictional prerequisites for granting development consent under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied' 'Whether the proposed mixed use residential and commercial development was permissible with consent in the E1 Local Centre zone' 'Whether requirements concerning floor space ratio, acid sulfate soils, earthworks, stormwater, residential accommodation in the E1 zone, design quality, contamination and BASIX were satisfied']

Ratio Decidendi

The Court was satisfied that the amended development application met the relevant jurisdictional prerequisites, including permissibility in the E1 Local Centre zone, applicable floor space ratio provisions, acid sulfate soils, earthworks and stormwater provisions, residential accommodation provisions, SEPP 65 and Apartment Design Guide requirements, contamination and remediation requirements, and BASIX requirements. Because the parties' s 34 agreement was a decision the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement, uphold the appeal and grant conditional development consent.

Court Disposition

Appeal upheld and development consent granted subject to conditions; Applicant ordered to pay Respondent's costs thrown away.

Orders

  • ["The Applicant is to pay the Respondent's costs thrown away as a result of the amendments made in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed sum of $12,000 within 28 days." 'The appeal is upheld.' 'Development consent is granted to Development Application No...