The Quarry Midco Pty Ltd v Inner West Council [2023] NSWLEC 1189

The Quarry Midco Pty Ltd v Inner West Council [2023] NSWLEC 1189

The appeal is upheld and consent to the amended development application is granted, as all jurisdictional and statutory requirements under the Environmental Planning and Assessment Act 1979, applicable SEPPs, local environmental plans, and relevant development control plans have been met or addressed, and there are no legal impediments to granting approval.

Parties
Applicant: The Quarry Midco Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
26 April 2023
Procedural Posture
Appeal (development Application) / Post Conciliation Conference – Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
Development Application, Conciliation Conference, Judicial Review of Council Decision, Zoning, Environmental Planning Instruments, Building Standards
Planning and Environment Law Development Application Conciliation Conference Judicial Review of Council Decision Zoning Environmental Planning Instruments Building Standards

Case Brief

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Parties

The Quarry Midco Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Appeal (development Application) / Post Conciliation Conference – Final Orders

Legal Issues

  1. 1 Whether the amended development application satisfies the requirements of relevant planning instruments and regulations
  2. 2 Whether jurisdictional prerequisites for approval are met under the Environmental Planning and Assessment Act 1979 and associated planning instruments
  3. 3 Consideration of R2 Low Density Residential zoning objectives, building height, floor space ratio, heritage, flooding, acid sulfate soils, earthworks, biodiversity, and aircraft noise impact.

Ratio Decidendi

The appeal is upheld and consent to the amended development application is granted, as all jurisdictional and statutory requirements under the Environmental Planning and Assessment Act 1979, applicable SEPPs, local environmental plans, and relevant development control plans have been met or addressed, and there are no legal impediments to granting approval.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • The appeal is upheld.
  • Development Application No. DA/2022/0082, for demolition of part of an existing garage and other site improvements and construction of a part two/part three storey dwelling house, with associated parking, at 24a Quarry Street, Tempe (Lot 16, Section 14 in DP 60083), is approved subject to the conditions of consent...