Samcourt Pty Ltd v Inner West Council [2020] NSWLEC 1654

Samcourt Pty Ltd v Inner West Council [2020] NSWLEC 1654

The Court disposed of proceedings in accordance with the parties’ agreement as the proposed development complied with relevant planning controls, remediation requirements, and was permissible in the zone, and no jurisdictional impediment existed.

Jurisdiction
Australia
Judgment Date
17 December 2020
Procedural Posture
Appeal / Post Conciliation Determination
Outcome
Appeal upheld; development application approved subject to conditions; costs ordered.
Legal Topics
['development Application' 'conciliation' 'amendment of Plans' 'jurisdictional Matters']
['planning and Environment'] ['development Application' 'conciliation' 'amendment of Plans' 'jurisdictional Matters']

Case Brief

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Procedural Posture

Appeal / Post Conciliation Determination

Legal Issues

  1. 1 ['Whether the proposed development is permissible in the B7 Business Park zone' 'Compliance with height and floor space ratio control under Marrickville Local Environmental Plan 2011' 'Compliance with earthworks and flood planning provisions under Marrickville Local Environmental Plan 2011' 'Compliance with remediation requirements under State Environmental Planning Policy No 55 – Remediation of Land' 'Jurisdiction to dispose of proceedings in accordance with s 34(3) Land and Environment Court Act 1979']

Ratio Decidendi

The Court disposed of proceedings in accordance with the parties’ agreement as the proposed development complied with relevant planning controls, remediation requirements, and was permissible in the zone, and no jurisdictional impediment existed.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs ordered.

Orders

  • ['Applicant granted leave to amend development application to rely on specified plans and documents.' "Applicant to pay Respondent's costs thrown away as a result of amendment, in the amount of $4,900, within 28 days." 'Development Application No. DA201900038 approved for alterations and additions for brewery and...