Davis v Inner West Council [2021] NSWLEC 1452

Davis v Inner West Council [2021] NSWLEC 1452

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 agreed decision was one the Court could make in the proper exercise of its functions, including having regard to owner consent, notification and submissions, low likelihood of contamination, BASIX requirements, zoning permissibility, compliance with development standards, heritage impacts and acid sulfate soils, the Court was required to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
06 August 2021
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da/2020/0947 / Orders Following Conciliation Conference Under S 34 Aa(1) of the Land and Environment Court Act 1979 and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; amended development application approved subject to conditions; each party to pay their own costs.
Legal Topics
['development Application' 'alterations and Additions to Semi Detached Dwelling' 'amended Plans' 'conciliation Conference' 'consent Orders' 'heritage Conservation Area' 'basix' 'remediation of Land' 'acid Sulfate Soils']
['planning and Environment' 'development Consent'] ['development Application' 'alterations and Additions to Semi Detached Dwelling' 'amended Plans' 'conciliation Conference' 'consent Orders' 'heritage Conservation Area' 'basix' 'remediation of Land' 'acid Sulfate Soils']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da/2020/0947 / Orders Following Conciliation Conference Under S 34 Aa(1) of the Land and Environment Court Act 1979 and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court could approve the amended development application for alterations and additions to the existing semi-detached dwelling at 57 Phillip Street, Birchgrove.' "Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 was a decision the Court could make in the proper exercise of its functions."]

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 agreed decision was one the Court could make in the proper exercise of its functions, including having regard to owner consent, notification and submissions, low likelihood of contamination, BASIX requirements, zoning permissibility, compliance with development standards, heritage impacts and acid sulfate soils, the Court was required to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld; amended development application approved subject to conditions; each party to pay their own costs.

Orders

  • ['The appeal is upheld.' "Development Application No. DA2020/0947 lodged on 3 November 2020, as amended, to carry out alterations and additions to the existing semi-detached dwelling at 57 Phillip Street, Birchgrove is approved subject to the conditions in Annexure 'A' to this agreement." 'Each party to pay their...