Tricon Management Group Pty Ltd v Inner West Council [2020] NSWLEC 1159

The Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions because the relevant jurisdictional preconditions were met: residential flat buildings were permissible in the B7 Business Park zone; the proposal qualified as in-fill affordable housing; cl 13 of the State Environmental Planning Policy (Affordable Rental Housing) 2009 allowed a total FSR of 2:1 because 55% of gross floor area was to be used for affordable housing; cl 13(2)(a) prevailed over inconsistent cl 6.13(3)(c) of the Marrickville Local Environmental Plan 2011 so no cl 4.6 request was required for that non-compliance; the proposal otherwise complied with...

Jurisdiction: Australia
Judgment Date: 08 April 2020
Procedural Posture: Class 1 Appeal Concerning a Development Application Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders Made Following a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome: Appeal upheld; leave granted to amend the development application; development consent granted subject to conditions; costs ordered and noted.
Legal Topics: ['development Application Appeal' 'mixed Use Development' 'community Housing' 'affordable Rental Housing' 'business Park Zoning' 'development Standards' 'inconsistency Between Environmental Planning Instruments' 'conciliation Conference' 'development Consent' 'remediation of Land']

['planning and Environment Law'] ['development Application Appeal' 'mixed Use Development' 'community Housing' 'affordable Rental Housing' 'business Park Zoning' 'development Standards' 'inconsistency Between Environmental Planning Instruments' 'conciliation Conference' 'development Consent' 'remediation of Land']

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Procedural Posture

Class 1 Appeal Concerning a Development Application Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders Made Following a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

1 ['Whether the Court could grant leave to amend the development application and grant development consent subject to agreed conditions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether the proposed community housing development satisfied the requirements of the State Environmental Planning Policy (Affordable Rental Housing) 2009, including the floor space ratio provisions in cl 13.' 'Whether cl 13(2)(a) of the State Environmental Planning Policy (Affordable Rental Housing) 2009 prevailed over inconsistent requirements in cl 6.13(3)(c) of the Marrickville Local Environmental Plan 2011.' 'Whether a request under cl 4.6 of the Marrickville Local Environmental Plan 2011 was required for non-compliance with cl 6.13(3)(c).' 'Whether the land could be made suitable for the development having regard to State Environmental Planning Policy No 55—Remediation of Land.']

Ratio Decidendi

Court Disposition

Appeal upheld; leave granted to amend the development application; development consent granted subject to conditions; costs ordered and noted.

Orders

['Leave is granted to the applicant to amend the development application and rely on the amended plans listed in condition 4 of Annexure A.' "Pursuant to Section 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the Respondent's costs thrown away as a result of the amendment of...