Rocchi v Inner West Council [2022] NSWLEC 1545

Rocchi v Inner West Council [2022] NSWLEC 1545

Because the amended development application satisfied the relevant jurisdictional prerequisites, including permissibility in the R2 Low Density Residential zone, consistency with zone objectives, compliance with height and floor space ratio controls, consideration of demolition impacts, contamination, BASIX and biodiversity matters, the parties' agreed decision to uphold the appeal and grant consent subject to conditions was a decision the Court could have made in the proper exercise of its functions; s 34(3) therefore required the Court to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
05 October 2022
Procedural Posture
Class 1 Development Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application DA No 2021/1220 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development application DA/2021/1220 granted consent subject to conditions; Applicant to pay Respondent's costs thrown away as a result of the amendments as agreed or assessed.
Legal Topics
['development Appeal' 'deemed Refusal' 'conciliation Conference' 'section 34 Agreement' 'alterations and Additions to Semi Detached Dwelling House' 'jurisdictional Prerequisites' 'costs Thrown Away by Amendments']
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['development Appeal' 'deemed Refusal' 'conciliation Conference' 'section 34 Agreement' 'alterations and Additions to Semi Detached Dwelling House' 'jurisdictional Prerequisites' 'costs Thrown Away by Amendments']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application DA No 2021/1220 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one 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 amended development application satisfied relevant jurisdictional prerequisites under the Marrickville Local Environmental Plan 2011 and applicable State Environmental Planning Policies' 'Whether development consent should be granted for alterations and additions to the existing semi-detached dwelling house at 22 England Avenue, Marrickville subject to agreed conditions']

Ratio Decidendi

Because the amended development application satisfied the relevant jurisdictional prerequisites, including permissibility in the R2 Low Density Residential zone, consistency with zone objectives, compliance with height and floor space ratio controls, consideration of demolition impacts, contamination, BASIX and biodiversity matters, the parties' agreed decision to uphold the appeal and grant consent subject to conditions was a decision the Court could have made in the proper exercise of its functions; s 34(3) therefore required the Court to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development application DA/2021/1220 granted consent subject to conditions; Applicant to pay Respondent's costs thrown away as a result of the amendments as agreed or assessed.

Orders

  • ['The appeal is upheld.' 'Development application DA/2021/1220 for alterations and additions to the existing semi-detached dwelling house at 22 England Avenue, Marrickville is determined by the grant of consent subject to the conditions at annexure "A".' "The Applicant is to pay the Respondent's costs thrown away as...