Unique Developments Pty Ltd v Inner West Council [2021] NSWLEC 1653

Unique Developments Pty Ltd v Inner West Council [2021] NSWLEC 1653

Because the amended development application satisfied the relevant jurisdictional prerequisites, the parties agreed that consent could be granted subject to conditions, and that agreement was a decision the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
27 October 2021
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No Da/2020/0993 / Section 34 Conciliation Conference; Parties Reached Agreement and Court Made Consent Orders
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application Appeal' 'attached Dwellings' 'torrens Title Subdivision' 'conciliation Conference Agreement' 'jurisdictional Prerequisites' 'basix' 'remediation of Land']
['planning and Environment' 'development Consent' 'land and Environment Court Procedure'] ['development Application Appeal' 'attached Dwellings' 'torrens Title Subdivision' 'conciliation Conference Agreement' 'jurisdictional Prerequisites' 'basix' 'remediation of Land']

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No Da/2020/0993 / Section 34 Conciliation Conference; Parties Reached Agreement and Court Made Consent Orders

Legal Issues

  1. 1 ["Whether the parties' agreement was a decision 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 under the Environmental Planning and Assessment Act 1979 and applicable environmental planning instruments were satisfied.' 'Whether consent should be granted for demolition, tree removal, construction of attached dwellings, detached garages with lofts, landscaping and Torrens title subdivision into 7 lots at 29 Gilpin Street, Camperdown.']

Ratio Decidendi

Because the amended development application satisfied the relevant jurisdictional prerequisites, the parties agreed that consent could be granted subject to conditions, and that agreement was a decision the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' "Development consent is granted to development application No. DA2020/0993 for the demolition of existing structures, tree removal, Torrens title subdivision into 7 lots, and construction of 7 attached dwellings, 5 detached garages with lofts and associated landscaping at 29 Gilpin Street,...