Khalid v Camden Council [2019] NSWLEC 1340

Khalid v Camden Council [2019] NSWLEC 1340

The Court was satisfied that the parties' agreed orders were within power, that the amended development was permissible in the R3 Medium Density Residential zone, that the cl 4.6 request justified the minor height variation, and that the applicable statutory and planning pre-conditions to consent were satisfied. The appeal was therefore upheld and development consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
23 July 2019
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application No. 2017/709/1 / Final Orders Following a Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; leave granted to amend the development application; development consent granted subject to conditions; applicant ordered to pay costs.
Legal Topics
['residential Flat Building Development' 'deemed Refusal Appeal' 'conciliation Conference' 'agreement Between Parties' 'clause 4.6 Variation to Height Development Standard' 'sepp 65 and Apartment Design Guide Compliance' 'sepp No 55 Remediation of Land' 'deferred Commencement Conditions']
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['residential Flat Building Development' 'deemed Refusal Appeal' 'conciliation Conference' 'agreement Between Parties' 'clause 4.6 Variation to Height Development Standard' 'sepp 65 and Apartment Design Guide Compliance' 'sepp No 55 Remediation of Land' 'deferred Commencement Conditions']

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application No. 2017/709/1 / Final Orders Following a Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether leave should be granted to amend the development application to rely on amended plans and material.' 'Whether the written request under cl 4.6 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 justified variation of the height development standard in cl 4.3 of Appendix 9.' 'Whether applicable pre-conditions to granting development consent were satisfied, including infrastructure, remediation, design and BASIX requirements.']

Ratio Decidendi

The Court was satisfied that the parties' agreed orders were within power, that the amended development was permissible in the R3 Medium Density Residential zone, that the cl 4.6 request justified the minor height variation, and that the applicable statutory and planning pre-conditions to consent were satisfied. The appeal was therefore upheld and development consent granted subject to conditions.

Court Disposition

Appeal upheld; leave granted to amend the development application; development consent granted subject to conditions; applicant ordered to pay costs.

Orders

  • ["The Applicant is granted leave to amend its development application to rely upon the plans and material specified in Condition 1 (2) of Annexure 'A'." "The Applicant is to pay the Respondent's costs in the amount of $18,000 arising under s 8.15(3) of the Environmental Planning and Assessment Act 1979, within 28...