Zaki v Inner West Council [2020] NSWLEC 1559

Zaki v Inner West Council [2020] NSWLEC 1559

The parties reached an agreement under s 34 of the Land and Environment Court Act 1979 to grant leave to amend the development application and to grant development consent. The proposed development was permissible with consent, relevant planning controls and contamination matters were addressed, required Childcare SEPP matters were considered, and no jurisdictional impediment was identified. The Court was satisfied that the agreed decision was one it could have made in the proper exercise of its functions and therefore was required to dispose of the proceedings in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
16 November 2020
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application DA 2020/0508 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application DA 2020/0508 approved subject to conditions at Annexure A.
Legal Topics
['development Application' 'demolition of Dwelling' 'alterations and Additions to Existing Child Care Centre' 'conciliation Conference' 'agreement Between Parties' 'state Environmental Planning Policy No 55—remediation of Land' 'state Environmental Planning Policy (educational Establishment and Child Care Facilities) 2017' 'leichhardt Local Environmental Plan 2013']
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['development Application' 'demolition of Dwelling' 'alterations and Additions to Existing Child Care Centre' 'conciliation Conference' 'agreement Between Parties' 'state Environmental Planning Policy No 55—remediation of Land' 'state Environmental Planning Policy (educational Establishment and Child Care Facilities) 2017' 'leichhardt Local Environmental Plan 2013']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application DA 2020/0508 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34 of the Land and Environment Court Act 1979 was a decision that the Court could have made in the proper exercise of its functions." 'Whether leave should be granted to amend the development application to rely on amended plans and documents.' 'Whether Development Application DA 2020/0508 should be approved subject to conditions.']

Ratio Decidendi

The parties reached an agreement under s 34 of the Land and Environment Court Act 1979 to grant leave to amend the development application and to grant development consent. The proposed development was permissible with consent, relevant planning controls and contamination matters were addressed, required Childcare SEPP matters were considered, and no jurisdictional impediment was identified. The Court was satisfied that the agreed decision was one it could have made in the proper exercise of its functions and therefore was required to dispose of the proceedings in accordance with the agreement.

Court Disposition

Appeal upheld; Development Application DA 2020/0508 approved subject to conditions at Annexure A.

Orders

  • ['The Applicant is granted leave to amend its development application to rely upon the listed architectural, landscape, engineering and vehicle/traffic plans.' 'The Applicant is granted leave to amend its development application to rely upon the Remediation Action Plan; E24494.E06_Rev0 prepared by EIAustralia dated...