Taleb Family Trust No. 2 v Inner West Council [2019] NSWLEC 1024

Taleb Family Trust No. 2 v Inner West Council [2019] NSWLEC 1024

The parties' agreement was a decision the Court could have made in the proper exercise of its functions, satisfying statutory and planning requirements, thus the appeal was upheld and development consent granted subject to conditions.

Parties
Applicant: Taleb Family Trust No. 2; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
22 January 2019
Procedural Posture
Class 1 Appeal Under S 8.7(1) Environmental Planning and Assessment Act 1979 / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld, development consent granted subject to conditions
Legal Topics
Development Application, Conciliation Conference, Development Consent, Refusal of Development Application, Remediation of Land
Planning and Environment Development Application Conciliation Conference Development Consent Refusal of Development Application Remediation of Land

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Parties

Taleb Family Trust No. 2

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Appeal Under S 8.7(1) Environmental Planning and Assessment Act 1979 / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 Whether development application DA201700497 should be granted consent
  2. 2 Whether application complies with zone objectives and development standards
  3. 3 Whether contamination requirements under State Environmental Planning Policy No 55 are satisfied

Ratio Decidendi

The parties' agreement was a decision the Court could have made in the proper exercise of its functions, satisfying statutory and planning requirements, thus the appeal was upheld and development consent granted subject to conditions.

Court Disposition

Appeal upheld, development consent granted subject to conditions

Orders

  • The Applicant is given leave to amend the development application and rely upon specified plans
  • The Applicant is to pay Respondent's costs thrown away in the agreed amount of $8,000