Level Architects Pty Ltd v City of Ryde Council [2023] NSWLEC 1408

Level Architects Pty Ltd v City of Ryde Council [2023] NSWLEC 1408

Because the contamination, height variation, flood planning, acid sulfate soils, stormwater, environmental sustainability and s 4.15 jurisdictional matters were satisfied, and because the cl 4.6 written request adequately justified the height contravention and the proposal was in the public interest, the parties' agreement to approve the amended development application subject to conditions was a decision the Court could have made in the proper exercise of its functions. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
28 July 2023
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No Lda2021/0394 / Final Orders Following a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; amended development application approved subject to conditions; Applicant's cl 4.6 written request upheld; Applicant to pay Respondent's costs thrown away as a result of the amendment as agreed or assessed.
Legal Topics
['development Application' 'conciliation Conference' 'clause 4.6 Written Request' 'building Height Development Standard' 'industrial Development' 'jurisdictional Prerequisites' 'costs Thrown Away']
['planning and Environment' 'development Consent'] ['development Application' 'conciliation Conference' 'clause 4.6 Written Request' 'building Height Development Standard' 'industrial Development' 'jurisdictional Prerequisites' 'costs Thrown Away']

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No Lda2021/0394 / Final Orders Following a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreement to grant consent to the amended development application was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." "Whether the Applicant's written request under cl 4.6(3) of Ryde Local Environmental Plan 2014 adequately justified contravention of the 10m height development standard." 'Whether relevant jurisdictional prerequisites concerning contamination, flood planning, acid sulfate soils, stormwater management, environmental sustainability and s 4.15 matters were satisfied.']

Ratio Decidendi

Because the contamination, height variation, flood planning, acid sulfate soils, stormwater, environmental sustainability and s 4.15 jurisdictional matters were satisfied, and because the cl 4.6 written request adequately justified the height contravention and the proposal was in the public interest, the parties' agreement to approve the amended development application subject to conditions was a decision the Court could have made in the proper exercise of its functions. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; amended development application approved subject to conditions; Applicant's cl 4.6 written request upheld; Applicant to pay Respondent's costs thrown away as a result of the amendment as agreed or assessed.

Orders

  • ["The Applicant's written request under clause 4.6(3) of Ryde Local Environmental Plan 2014, dated March 2023, is upheld." 'The appeal is upheld.' 'Development Application LDA2021/0394 (as amended) for the demolition of an existing warehouse and erection of 48 industrial units, associated parking and landscaping at...