Ters v Inner West Council [2020] NSWLEC 1298

Ters v Inner West Council [2020] NSWLEC 1298

Because the parties reached agreement on orders the Court could make, and the amended proposal retained and conserved the original building so that its effect was consistent with cl 5.10(1) of the Marrickville Local Environmental Plan 2011 and the Marrickville Development Control Plan 2011, it was appropriate to make the agreed orders and dispose of the matter under s 34(3)(a) and (b) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
14 July 2020
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application DA201900171 / Conciliation Conference Under S 34 Aa(2) of the Land and Environment Court Act 1979; Orders Made by Agreement Under S 34(3)
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'deemed Refusal' 'conciliation Conference' 'development Consent' 'heritage Significance']
['planning and Environment Law'] ['development Application' 'deemed Refusal' 'conciliation Conference' 'development Consent' 'heritage Significance']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application DA201900171 / Conciliation Conference Under S 34 Aa(2) of the Land and Environment Court Act 1979; Orders Made by Agreement Under S 34(3)

Legal Issues

  1. 1 ["Whether the Court could make orders reflecting the parties' agreement to uphold the appeal and grant development consent to the amended proposal subject to conditions." 'Whether jurisdictional prerequisites, including consideration of the effect of the proposed development on heritage significance under cl 5.10(4) of the Marrickville Local Environmental Plan 2011, were satisfied.']

Ratio Decidendi

Because the parties reached agreement on orders the Court could make, and the amended proposal retained and conserved the original building so that its effect was consistent with cl 5.10(1) of the Marrickville Local Environmental Plan 2011 and the Marrickville Development Control Plan 2011, it was appropriate to make the agreed orders and dispose of the matter under s 34(3)(a) and (b) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['Leave is granted to the applicant to amend the development application and rely on the amended plans listed in condition 4 of Annexure A.' 'The appeal is upheld.' 'Development consent is granted to development application D/2019/171 for retention of the existing dwelling, readjust the boundary line forming the...