Tanmay Development 2 Pty Ltd v The Hills Shire Council [2020] NSWLEC 1437

Tanmay Development 2 Pty Ltd v The Hills Shire Council [2020] NSWLEC 1437

The Court upheld the appeal and approved the amended development application because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the agreed decision was one the Court could make: the development was permissible with consent, complied with applicable development standards, satisfied the relevant State Environmental Planning Policy (Affordable Rental Housing) 2009 requirements, was compatible with the local character, addressed BASIX, contamination, Transport for NSW concurrence, classified road access and infrastructure requirements, and included appropriate conditions.

Jurisdiction
Australia
Judgment Date
16 September 2020
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following S 34 Conciliation Conference Agreement
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'multi Dwelling Housing' 'affordable Housing' 'conciliation Conference' 'development Consent' 'basix Certificate' 'contaminated Land' 'classified Road Concurrence']
['planning and Environment Law'] ['development Application' 'multi Dwelling Housing' 'affordable Housing' 'conciliation Conference' 'development Consent' 'basix Certificate' 'contaminated Land' 'classified Road Concurrence']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following S 34 Conciliation Conference Agreement

Legal Issues

  1. 1 ['Whether the Court should grant leave for the Applicant to rely on an amended BASIX Certificate and the Detailed Site Investigation and Dust Management Plan.' 'Whether development application no. 1032/2019/JP for demolition of existing structures and construction of a 15 townhouse multi dwelling development with basement car parking should be approved subject to conditions.' 'Whether the agreed decision reached at the conciliation conference was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.']

Ratio Decidendi

The Court upheld the appeal and approved the amended development application because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the agreed decision was one the Court could make: the development was permissible with consent, complied with applicable development standards, satisfied the relevant State Environmental Planning Policy (Affordable Rental Housing) 2009 requirements, was compatible with the local character, addressed BASIX, contamination, Transport for NSW concurrence, classified road access and infrastructure requirements, and included appropriate conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['Leave is granted for the Applicant to rely on the amended BASIX Certificate no. 983431M_02 as referred to in condition 1 of the conditions of consent at Annexure A.' 'Leave is granted for the Applicant to rely on The Detailed Site Investigation and Dust Management Plan prepared by Australian Geotechnical Pty Ltd...