Grigg v Inner West Council [2021] NSWLEC 1061

Grigg v Inner West Council [2021] NSWLEC 1061

Because the amended proposal was permissible with consent in the R1 General Residential zone, owner's consent and notification requirements had been addressed, relevant environmental planning instruments had been considered, the objector's concerns were resolved by the amendments, and the clause 4.6 written request adequately addressed the required matters, the parties' agreed decision was one the Court could make in the proper exercise of its functions. The Court therefore made the agreed orders upholding the clause 4.6 request, upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
16 February 2021
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 Da/2020/0364 / Orders Made Following Conciliation Conference Under S 34 Aa(2) of the Land and Environment Court Act 1979 and Final Agreement Filed
Outcome
Appeal upheld; Development Application DA/2020/0364 approved as amended subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'deemed Refusal Appeal' 'clause 4.6 Variation' 'landscaped Area Development Standard' 'heritage' 'streetscape Presentation' 'privacy']
['planning and Environment Law' 'development Consent'] ['development Application' 'conciliation Conference' 'deemed Refusal Appeal' 'clause 4.6 Variation' 'landscaped Area Development Standard' 'heritage' 'streetscape Presentation' 'privacy']

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 Da/2020/0364 / Orders Made Following Conciliation Conference Under S 34 Aa(2) of the Land and Environment Court Act 1979 and Final Agreement Filed

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether development consent should be granted to the amended proposal for alterations and additions to the existing dwelling at 191 Darling Street, Balmain.' "Whether the applicant's clause 4.6 request to vary the landscaped area development standard in cl 4.3A(3)(a)(ii) of the Leichhardt Local Environmental Plan 2013 should be upheld."]

Ratio Decidendi

Because the amended proposal was permissible with consent in the R1 General Residential zone, owner's consent and notification requirements had been addressed, relevant environmental planning instruments had been considered, the objector's concerns were resolved by the amendments, and the clause 4.6 written request adequately addressed the required matters, the parties' agreed decision was one the Court could make in the proper exercise of its functions. The Court therefore made the agreed orders upholding the clause 4.6 request, upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; Development Application DA/2020/0364 approved as amended subject to conditions.

Orders

  • ["The Applicant is granted leave to amend Development Application No. DA/2020/0364 and rely upon the amended plans and documents referenced in Condition 1 at Annexure 'A'." "The applicant's request pursuant to clause 4.6 of the Leichhardt Local Environmental Plan 2013, prepared by Weir Phillips Heritage and Planning...