Ormond View Pty Ltd v Inner West Council [2019] NSWLEC 1016

Ormond View Pty Ltd v Inner West Council [2019] NSWLEC 1016

The Court was satisfied, after considering the parties' submissions and the plans illustrating the proposed development and its compatibility with the local character, that cl 30A of State Environmental Planning Policy (Affordable Rental Housing) 2009 was fulfilled and the power to grant consent under s 4.16 of the Environmental Planning and Assessment Act 1979 was enlivened. Because the parties' agreed decision was one 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 proceedings to be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
18 January 2019
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application / Conciliation Conference; Agreed Orders Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'boarding House Development' 'affordable Rental Housing' 'character of the Local Area' 'development Consent']
['planning and Environment Law'] ['development Application' 'deemed Refusal Appeal' 'conciliation Conference' 'boarding House Development' 'affordable Rental Housing' 'character of the Local Area' 'development Consent']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application / Conciliation Conference; Agreed Orders Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one that the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the jurisdictional prerequisite in cl 30A of State Environmental Planning Policy (Affordable Rental Housing) 2009 concerning compatibility with the character of the local area was satisfied.' 'Whether development consent should be granted for the proposed boarding house development subject to conditions.']

Ratio Decidendi

The Court was satisfied, after considering the parties' submissions and the plans illustrating the proposed development and its compatibility with the local character, that cl 30A of State Environmental Planning Policy (Affordable Rental Housing) 2009 was fulfilled and the power to grant consent under s 4.16 of the Environmental Planning and Assessment Act 1979 was enlivened. Because the parties' agreed decision was one 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 proceedings to be disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on amended plans.' "The Applicant is to pay the Respondent's costs that are thrown away as a result of amending the development application under section 8.15(2) of the Environmental Planning and Assessment Act 1979 in the sum of $9,500, within 28 days." 'The appeal is...