Moweno Pty Ltd v Inner West Council [2019] NSWLEC 1509

Moweno Pty Ltd v Inner West Council [2019] NSWLEC 1509

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, the proposed development was permissible in the B6 Enterprise Zone under Marrickville Local Environmental Plan 2011, complied with relevant development standards, was accompanied by a BASIX certificate in compliance with State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, and no jurisdictional impediment was identified, the agreed decision was one the Court could make in the proper exercise of its functions and the proceedings had to be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
24 October 2019
Procedural Posture
Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application DA201800240 / Final Orders Following S 34 Conciliation Agreement
Outcome
Appeal upheld; development application D201800240 approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'boarding House' 'deemed Refusal' 'conciliation Conference' 'consent Orders' 'basix']
['planning and Environment Law'] ['development Application' 'boarding House' 'deemed Refusal' 'conciliation Conference' 'consent Orders' 'basix']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application DA201800240 / Final Orders Following S 34 Conciliation Agreement

Legal Issues

  1. 1 ["Whether the Court could make the parties' agreed decision to uphold the appeal and grant development consent subject to conditions in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the proposed development was permissible and complied with relevant planning controls.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, the proposed development was permissible in the B6 Enterprise Zone under Marrickville Local Environmental Plan 2011, complied with relevant development standards, was accompanied by a BASIX certificate in compliance with State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, and no jurisdictional impediment was identified, the agreed decision was one the Court could make in the proper exercise of its functions and the proceedings had to be disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; development application D201800240 approved subject to conditions in Annexure A.

Orders

  • ['The Applicant is given leave to amend the development application and rely upon the following plans in the proceedings referred to at condition 1 in Annexure A.' 'The appeal is upheld.' 'Development application D201800240 seeking alterations and additions to the existing building and change of use is approved...