Burns v Inner West Council [2020] NSWLEC 1475

Burns v Inner West Council [2020] NSWLEC 1475

The statutory preconditions for approval, including management of heritage impacts and stormwater, have been satisfied by the amended proposal based on unchallenged expert reports; the agreement of the parties allows the Court to grant consent for the development application under the appropriate legislative provisions.

Parties
Applicant: Ryan Burns; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
09 October 2020
Procedural Posture
Appeal Class 1 (development Application) / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development application approved; costs order against applicant
Legal Topics
Development Application, Heritage Conservation, Stormwater Management
Environmental Law Planning Law Development Application Heritage Conservation Stormwater Management

Case Brief

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Parties

Ryan Burns

Applicant

Inner West Council

Respondent

Procedural Posture

Appeal Class 1 (development Application) / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the amended development application addresses the original contentions regarding heritage impact and stormwater management
  2. 2 Whether statutory prerequisites for granting consent are satisfied

Ratio Decidendi

The statutory preconditions for approval, including management of heritage impacts and stormwater, have been satisfied by the amended proposal based on unchallenged expert reports; the agreement of the parties allows the Court to grant consent for the development application under the appropriate legislative provisions.

Court Disposition

Appeal upheld; development application approved; costs order against applicant

Orders

  • The applicant is granted leave to rely upon the amended plans and documentation referred to in condition 4 of the conditions at annexure A.
  • The applicant is to pay the respondent's costs thrown away as a result of the amendment of the application in the amount of $2,500.00, payable within 28 days of these orders.