Nader v Inner West Council [2022] NSWLEC 1314

Nader v Inner West Council [2022] NSWLEC 1314

Because the parties agreed to uphold the appeal and grant consent subject to conditions, and the Court was satisfied that the development was permissible, complied with relevant height and floor space ratio controls, did not require an acid sulfate soils management plan, addressed the Draft Inner West Local Environmental Plan 2020, satisfied aircraft noise requirements subject to conditions, had BASIX certification, and did not require renotification, the agreed decision was one the Court could have made in the proper exercise of its functions and had to be given effect under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
21 June 2022
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application DA202100721 / Orders Made After Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 Following Agreement Between the Parties
Outcome
The appeal is upheld and development consent is granted subject to conditions.
Legal Topics
['development Appeal' 'residential Development' 'torrens Title Subdivision' 'aircraft Noise and ANEF Contour' 'conciliation Conference' 'jurisdictional Prerequisites']
['planning and Environment Law' 'development Consent' 'land Subdivision'] ['development Appeal' 'residential Development' 'torrens Title Subdivision' 'aircraft Noise and ANEF Contour' 'conciliation Conference' 'jurisdictional Prerequisites']

Case Brief

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application DA202100721 / Orders Made After Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 Following Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision to uphold the appeal and grant development consent 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 Proposed Development satisfied relevant jurisdictional prerequisites under the Marrickville Local Environmental Plan 2011, including permissibility, building height, floor space ratio, acid sulfate soils and aircraft noise requirements.' 'Whether the amended development application could proceed without renotification and was accompanied by required BASIX certification.']

Ratio Decidendi

Because the parties agreed to uphold the appeal and grant consent subject to conditions, and the Court was satisfied that the development was permissible, complied with relevant height and floor space ratio controls, did not require an acid sulfate soils management plan, addressed the Draft Inner West Local Environmental Plan 2020, satisfied aircraft noise requirements subject to conditions, had BASIX certification, and did not require renotification, the agreed decision was one the Court could have made in the proper exercise of its functions and had to be given effect under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

The appeal is upheld and development consent is granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to Development Application No. DA/2021/0721, for the demolition of existing building, subdivision of land into 2 Torrens title allotments and construction of a 3 storey dwelling house on each allotment on land legally described as Lot 6 Section H in DP726,...