MJ Hunter Enterprises Pty Ltd v Inner West Council [2020] NSWLEC 1516

MJ Hunter Enterprises Pty Ltd v Inner West Council [2020] NSWLEC 1516

The amended development was permissible with consent, complied with relevant planning standards or requirements, and satisfied the identified jurisdictional prerequisites. Because the parties' agreement to uphold the appeal and grant consent subject to conditions was a decision the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
28 October 2020
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application DA201900016 / Final Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'boarding House' 'alterations and Additions' 'conciliation Conference' 'development Consent' 'affordable Rental Housing' 'heritage Conservation Area' 'remediation of Land' 'basix']
['planning and Environment Law'] ['development Application' 'boarding House' 'alterations and Additions' 'conciliation Conference' 'development Consent' 'affordable Rental Housing' 'heritage Conservation Area' 'remediation of Land' 'basix']

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application DA201900016 / Final Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court could uphold the appeal and grant development consent for alterations and additions to an existing boarding house in accordance with the parties' s 34 agreement." 'Whether relevant jurisdictional prerequisites were satisfied, including permissibility in the R2 Low Density Residential Zone, compliance with height and floor space ratio standards, heritage, acid sulphate soils, affordable rental housing provisions, contamination and BASIX requirements.' 'Whether cl 30AA of State Environmental Planning Policy (Affordable Rental Housing) 2009 applied to the development application.']

Ratio Decidendi

The amended development was permissible with consent, complied with relevant planning standards or requirements, and satisfied the identified jurisdictional prerequisites. Because the parties' agreement to uphold the appeal and grant consent subject to conditions was a decision the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['Leave is granted to the applicant to amend the development application and rely on the amended plans listed in condition 1 of Annexure A.' "Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the Respondent's costs thrown away as a result of the amendment of...