Murr v Georges River Council [2023] NSWLEC 1715

Murr v Georges River Council [2023] NSWLEC 1715

The Court was satisfied that the parties' agreement was a decision the Court could have made in the proper exercise of its functions, that the relevant jurisdictional prerequisites and environmental planning instruments had been addressed, and that the cl 4.6 written requests justified the variations to the building height and floor space ratio development standards. Accordingly, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with the parties' decision, with the appeal upheld and development consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
27 November 2023
Procedural Posture
Class 1 Development Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da2020/0190 / Orders Made Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted to Development Application No DA2020/0190; Applicant to pay Respondent's costs thrown away as agreed or assessed.
Legal Topics
['development Consent' 'deemed Refusal Appeal' 'conciliation Conference' 'mixed Use Development' 'clause 4.6 Variation' 'building Height Development Standard' 'floor Space Ratio Development Standard']
['environmental Planning and Development' 'land and Environment Court Proceedings'] ['development Consent' 'deemed Refusal Appeal' 'conciliation Conference' 'mixed Use Development' 'clause 4.6 Variation' 'building Height Development Standard' 'floor Space Ratio Development Standard']

Case Brief

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Procedural Posture

Class 1 Development Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da2020/0190 / Orders Made Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreement 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 amended development application satisfied jurisdictional prerequisites for the grant of development consent.' "Whether the Applicant's cl 4.6 request to vary the building height development standard in cl 4.3 of the Kogarah Local Environmental Plan 2012 should be upheld." "Whether the Applicant's cl 4.6 request to vary the floor space ratio development standard in cl 4.4 of the Kogarah Local Environmental Plan 2012 should be upheld." 'Whether development consent should be granted to Development Application No DA2020/0190 subject to conditions.']

Ratio Decidendi

The Court was satisfied that the parties' agreement was a decision the Court could have made in the proper exercise of its functions, that the relevant jurisdictional prerequisites and environmental planning instruments had been addressed, and that the cl 4.6 written requests justified the variations to the building height and floor space ratio development standards. Accordingly, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with the parties' decision, with the appeal upheld and development consent granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted to Development Application No DA2020/0190; Applicant to pay Respondent's costs thrown away as agreed or assessed.

Orders

  • ["The Applicant is to pay the Respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed." "The Applicant's written request prepared by GAT & Associates Pty Ltd dated May 2023 pursuant to clause 4.6 of the Kogarah Local Environmental Plan...