No Dramas Investments Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1294

No Dramas Investments Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1294

Because the amended application met the applicable LEP and ARH SEPP development standards, provided the required parking, and was not incompatible with the local area having regard to the amended design, site location and context, the parties' agreement was a decision the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
27 June 2019
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da18/1068 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Between the Parties
Outcome
Appeal upheld; Development Application No. DA18/1068 approved subject to conditions; applicant granted leave to amend the development application and ordered to pay respondent's costs thrown away as agreed or assessed.
Legal Topics
['development Application' 'boarding House' 'affordable Rental Housing' 'conciliation Conference' 'deemed Refusal' 'compatibility With Local Area' 'parking' 'costs Thrown Away']
['planning and Environment' 'development Consent'] ['development Application' 'boarding House' 'affordable Rental Housing' 'conciliation Conference' 'deemed Refusal' 'compatibility With Local Area' 'parking' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da18/1068 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the amended development application met the applicable development standards under the Sutherland Shire Local Environmental Plan 2015 and State Environmental Planning Policy (Affordable Rental Housing) 2009.' 'Whether the amended development could be refused on grounds of height, density, scale, parking, or compatibility with the local area.']

Ratio Decidendi

Because the amended application met the applicable LEP and ARH SEPP development standards, provided the required parking, and was not incompatible with the local area having regard to the amended design, site location and context, the parties' agreement was a decision the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; Development Application No. DA18/1068 approved subject to conditions; applicant granted leave to amend the development application and ordered to pay respondent's costs thrown away as agreed or assessed.

Orders

  • ['The applicant is granted leave to amend their development application in accordance with the plans referred to in Condition 1 of Annexure "A".' "The applicant is to pay the respondent's costs thrown away as agreed or assessed as a result of amending the development application pursuant to section 8.15(3) of the...