Workman v Inner West Council [2022] NSWLEC 1248

Workman v Inner West Council [2022] NSWLEC 1248

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the jurisdictional preconditions were met, including permissibility of the dwelling house use, compliance with the height standard, satisfactory consideration of geotechnical, BASIX and contamination matters, and an adequate cl 4.6 written request justifying the floor space ratio contravention, the Court could grant development consent to the amended application subject to conditions and dispose of the appeal in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
16 May 2022
Procedural Posture
Class 1 Appeal Concerning a Development Application Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders Made Following a Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; cl 4.6 written request upheld; amended development application granted subject to conditions; applicant ordered to pay respondent's thrown away costs.
Legal Topics
['development Application Appeal' 'adaptive Reuse of Existing Warehouse Building as a Dwelling' 'conciliation Conference' 'clause 4.6 Written Request' 'floor Space Ratio Development Standard' 'development Consent Subject to Conditions']
['planning and Environmental Law' 'local Government'] ['development Application Appeal' 'adaptive Reuse of Existing Warehouse Building as a Dwelling' 'conciliation Conference' 'clause 4.6 Written Request' 'floor Space Ratio Development Standard' 'development Consent Subject to Conditions']

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Procedural Posture

Class 1 Appeal Concerning a Development Application Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders Made 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 grant development consent to the amended development application in the proper exercise of its functions following the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the written request under cl 4.6 of Marrickville Local Environmental Plan 2011 justified contravention of the floor space ratio development standard in cl 4.4.' 'Whether the jurisdictional preconditions for granting development consent to the amended application were met.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the jurisdictional preconditions were met, including permissibility of the dwelling house use, compliance with the height standard, satisfactory consideration of geotechnical, BASIX and contamination matters, and an adequate cl 4.6 written request justifying the floor space ratio contravention, the Court could grant development consent to the amended application subject to conditions and dispose of the appeal in accordance with the agreement.

Court Disposition

Appeal upheld; cl 4.6 written request upheld; amended development application granted subject to conditions; applicant ordered to pay respondent's thrown away costs.

Orders

  • ['The appeal is upheld.' 'The written request pursuant to clause 4.6 of Marrickville Local Environmental Plan 2011 to contravene the development standard for floor space ratio contained in the clause 4.4 thereof, as prepared by The Planning Hub dated 14 April 2022, is upheld.' 'Development Application No....