Lincon Developments Pty Ltd v Council of the City of Sydney [2013] NSWLEC 1139

Lincon Developments Pty Ltd v Council of the City of Sydney [2013] NSWLEC 1139

The amended Stage 1 proposal warranted conditional consent because the unchallenged expert evidence and both parties' submissions showed that the contentions had been resolved, the proposal was generally consistent with the Sydney LEP 2012 and Sydney DCP 2012, determinative weight should be given to the Sydney LEP...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 July 2013
Procedural Posture
Class 1 Appeal Against Refusal of a Development Application / Determination After S 34 Conference Was Terminated
Outcome
Appeal upheld and development consent granted subject to conditions.
Legal Topics
['development Application' 'integrated Development' 'stage 1 Staged Development Application' 'planning Controls' 'voluntary Planning Agreement' 'public Benefits' 'floor Space Ratio' 'building Height' 'flooding']
['planning and Environment Law'] ['development Application' 'integrated Development' 'stage 1 Staged Development Application' 'planning Controls' 'voluntary Planning Agreement' 'public Benefits' 'floor Space Ratio' 'building Height' 'flooding']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Class 1 Appeal Against Refusal of a Development Application / Determination After S 34 Conference Was Terminated

Legal Issues

  1. 1 ['Whether leave should be granted to rely on amended plans for Stage 1 of the development application.' 'Whether the amended Stage 1 Integrated Development for commercial and residential development should be granted development consent subject to conditions.' 'What weight should be given to the Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012 given the transition from the South Sydney planning controls.' 'Whether the proposed public benefits and Voluntary Planning Agreement supported additional floor space and conditional approval.']

Ratio Decidendi

The amended Stage 1 proposal warranted conditional consent because the unchallenged expert evidence and both parties' submissions showed that the contentions had been resolved, the proposal was generally consistent with the Sydney LEP 2012 and Sydney DCP 2012, determinative weight should be given to the Sydney LEP 2012 for this staged development, and detailed design matters could be addressed in later Stage 2 applications subject to agreed conditions.

Court Disposition

Appeal upheld and development consent granted subject to conditions.

Orders

  • ['Leave to rely on the amended plans in Exhibit A for Stage 1 of the development application is granted.' 'The appeal is upheld.' 'Development consent is granted to DA No D/2011/1760 dated 2 November 2011 for a Stage 1 Integrated Development for commercial and residential development at 106 - 116 Epsom Road, Zetland...