The Trustee for Novabal trading as Novabal Pty Ltd v Inner West Council [2021] NSWLEC 1523

The Trustee for Novabal trading as Novabal Pty Ltd v Inner West Council [2021] NSWLEC 1523

Because the parties reached agreement at a s 34 conciliation conference, the amended DA satisfied the relevant jurisdictional prerequisites and applicable planning controls subject to conditions, contamination and BASIX requirements had been addressed, and the agreed decision was one the Court could have made in the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 September 2021
Procedural Posture
Class 1 Appeal Against Refusal of Development Application Da/2020/0751 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
The appeal was upheld and development consent was granted subject to conditions contained in Annexure A.
Legal Topics
['development Consent' 'boarding Houses' 'mixed Use Development' 'conciliation Conference' 'affordable Rental Housing' 'remediation of Land' 'basix']
['planning and Environment' 'development Applications'] ['development Consent' 'boarding Houses' 'mixed Use Development' 'conciliation Conference' 'affordable Rental Housing' 'remediation of Land' 'basix']

Source-derived case record

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application Da/2020/0751 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether jurisdictional prerequisites for granting development consent to the amended DA were satisfied.' 'Whether the amended DA complied with relevant development standards and controls, including the State Environmental Planning Policy (Affordable Rental Housing) 2009, Leichhardt Local Environmental Plan 2013 and Leichhardt Development Control Plan 2013.' 'Whether contamination, BASIX requirements, notification submissions, acoustic impacts, visual privacy impacts, parking shortfall and heritage matters were sufficiently addressed.']

Ratio Decidendi

Because the parties reached agreement at a s 34 conciliation conference, the amended DA satisfied the relevant jurisdictional prerequisites and applicable planning controls subject to conditions, contamination and BASIX requirements had been addressed, and the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with the parties' agreement and grant consent subject to conditions.

Court Disposition

The appeal was upheld and development consent was granted subject to conditions contained in Annexure A.

Orders

  • ['The appeal is upheld.' "Development Consent is granted to DA/2020/0751 for the part demolition of existing buildings to construct a mixed use development comprising 4 commercial/retail premises and 15 boarding rooms at 9-11 Beattie Street, Balmain subject to conditions contained in Annexure 'A'."]