LKF Investments Pty Ltd v Inner West Council [2021] NSWLEC 1101

LKF Investments Pty Ltd v Inner West Council [2021] NSWLEC 1101

The Court was satisfied, on the parties' advice and the material identified in the judgment, that the jurisdictional prerequisites for granting consent were satisfied and that the parties' agreed decision was one the Court could have made in the proper exercise of its functions. Under s 34(3) of the Land and Environment Court Act 1979, the Court was therefore required to dispose of the proceedings in accordance with that agreement, grant leave to rely on the amended plans, order costs thrown away, uphold the appeal and approve the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
26 February 2021
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders
Outcome
Appeal upheld; development application approved subject to conditions; leave granted to rely on amended plans; costs thrown away ordered.
Legal Topics
['development Application' 'boarding House' 'conciliation Conference' 'agreement Between Parties' 'jurisdictional Prerequisites' 'affordable Rental Housing' 'costs Thrown Away']
['planning and Environment Law' 'development Consent'] ['development Application' 'boarding House' 'conciliation Conference' 'agreement Between Parties' 'jurisdictional Prerequisites' 'affordable Rental Housing' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders

Legal Issues

  1. 1 ["Whether the parties' agreed decision to uphold the appeal and grant development consent subject to conditions 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 jurisdictional prerequisites for granting consent to the proposed boarding house development under the Environmental Planning and Assessment Act 1979 and applicable environmental planning instruments were satisfied.' 'Whether leave should be granted to rely on amended plans and whether costs thrown away should be paid in respect of those amended plans.']

Ratio Decidendi

The Court was satisfied, on the parties' advice and the material identified in the judgment, that the jurisdictional prerequisites for granting consent were satisfied and that the parties' agreed decision was one the Court could have made in the proper exercise of its functions. Under s 34(3) of the Land and Environment Court Act 1979, the Court was therefore required to dispose of the proceedings in accordance with that agreement, grant leave to rely on the amended plans, order costs thrown away, uphold the appeal and approve the development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions; leave granted to rely on amended plans; costs thrown away ordered.

Orders

  • ['The Applicant is granted leave to rely on the amended plans listed at Condition 1 of Annexure A.' 'Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is pay the Respondent costs thrown away in respect of the amended plans in the sum of $2,500 within 28 days of the date of...