The Trustee for SSTG Property Group v Inner West Council [2023] NSWLEC 1590

The Trustee for SSTG Property Group v Inner West Council [2023] NSWLEC 1590

Because the amended development application satisfied the relevant jurisdictional preconditions, including site suitability, applicable affordable housing and SEPP 65 requirements, permissibility in the R1 General Residential zone, and the cl 4.6 requirements for contravention of cl 6.14(3)(b), the parties' agreement to grant consent was a decision the Court could have made in the proper exercise of its functions and the proceedings were disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
10 October 2023
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders
Outcome
Appeal upheld; development consent granted to Development Application No. 2022/0684 as amended, subject to conditions; Applicant to pay Respondent's costs thrown away by amendment of the development application.
Legal Topics
['development Application' 'residential Flat Building' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Contravention Request' 'diverse Housing Development Standard' 'in Fill Affordable Housing' 'sepp 65 Design Quality']
['planning and Environment Law' 'development Assessment' 'land and Environment Court Procedure'] ['development Application' 'residential Flat Building' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Contravention Request' 'diverse Housing Development Standard' 'in Fill Affordable Housing' 'sepp 65 Design Quality']

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders

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 preconditions to the grant of development consent were satisfied.' 'Whether the written request adequately justified contravention of cl 6.14(3)(b) of the Inner West Local Environmental Plan 2022 under cl 4.6.' 'Whether the proposed development was in the public interest because it was consistent with the objectives of the contravened development standard and the zone.']

Ratio Decidendi

Because the amended development application satisfied the relevant jurisdictional preconditions, including site suitability, applicable affordable housing and SEPP 65 requirements, permissibility in the R1 General Residential zone, and the cl 4.6 requirements for contravention of cl 6.14(3)(b), the parties' agreement to grant consent was a decision the Court could have made in the proper exercise of its functions and the proceedings were disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted to Development Application No. 2022/0684 as amended, subject to conditions; Applicant to pay Respondent's costs thrown away by amendment of the development application.

Orders

  • ['The appeal is upheld.' "The Applicant is to pay the Respondent's costs that are thrown away as a result of the amendment of the development application, as agreed or assessed, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979." 'Development Application No. 2022/0684, as amended, for the...