Nicholas v Blacktown City Council [2019] NSWLEC 1332

Nicholas v Blacktown City Council [2019] NSWLEC 1332

The Court was satisfied that the parties' agreed decision was one the Court could make in the proper exercise of its functions because the boarding house was permissible with consent in the R2 Low Density Residential Zone, the SEPP ARH applied, the site was in an accessible area, there was no maximum FSR under LEP 2015, the proposal complied with the maximum height standard and cl 14 standards, relevant guidelines and compatibility requirements had been considered, a BASIX certificate had been lodged, submissions had been considered, and no jurisdictional impediment was identified. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the...

Jurisdiction
Australia
Judgment Date
16 July 2019
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application DA 18 1926 / Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions; Applicant granted leave to amend the development application and ordered to pay the Respondent's agreed costs.
Legal Topics
['development Application' 'boarding House' 'affordable Rental Housing' 'conciliation Conference' 'deemed Refusal' 'conditions of Consent']
['planning and Environment Law' 'development Consent'] ['development Application' 'boarding House' 'affordable Rental Housing' 'conciliation Conference' 'deemed Refusal' 'conditions of Consent']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application DA 18 1926 / Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders

Legal Issues

  1. 1 ["Whether the appeal against the deemed refusal of Development Application No. DA-18-01926 should be upheld and development consent granted subject to conditions in accordance with the parties' s 34 agreement." 'Whether the agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.']

Ratio Decidendi

The Court was satisfied that the parties' agreed decision was one the Court could make in the proper exercise of its functions because the boarding house was permissible with consent in the R2 Low Density Residential Zone, the SEPP ARH applied, the site was in an accessible area, there was no maximum FSR under LEP 2015, the proposal complied with the maximum height standard and cl 14 standards, relevant guidelines and compatibility requirements had been considered, a BASIX certificate had been lodged, submissions had been considered, and no jurisdictional impediment was identified. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the...

Court Disposition

Appeal upheld; development consent granted subject to conditions; Applicant granted leave to amend the development application and ordered to pay the Respondent's agreed costs.

Orders

  • ['The Applicant is granted leave to amend Development Application No. DA-18-01926 and to rely upon the amended plans and documents behind Annexure A.' 'The appeal is upheld.' "The Applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the...