VL4 Pty Ltd V Inner West Council [2024] NSWLEC 1197

VL4 Pty Ltd V Inner West Council [2024] NSWLEC 1197

The Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions because the amended application was lodged with owner consent, had been notified and submissions considered, relevant contamination, BASIX, zoning, development standards and development control plan matters had been addressed, and no jurisdictional impediment was identified. The Court therefore disposed of the proceedings in accordance with the parties' agreement by upholding the appeal and granting conditional development consent, with costs thrown away for the amendment payable by the Applicant.

Jurisdiction
Australia
Judgment Date
18 April 2024
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da/2023/0705 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld and conditional development consent granted to development application DA/2023/0705 as amended.
Legal Topics
['development Application' 'torrens Title Subdivision' 'dwelling Houses' 'conciliation Conference' 'amended Plans' 'conditional Development Consent' 'costs Thrown Away']
['environmental Planning and Development' 'land and Environment Court Proceedings'] ['development Application' 'torrens Title Subdivision' 'dwelling Houses' 'conciliation Conference' 'amended Plans' 'conditional Development Consent' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da/2023/0705 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the Court could make the agreed decision in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether development consent should be granted to amended development application DA/2023/0705 for Torrens Title subdivision and construction of three two-storey dwelling houses.' "Whether the Applicant should pay the Respondent's costs thrown away by reason of amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979."]

Ratio Decidendi

The Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions because the amended application was lodged with owner consent, had been notified and submissions considered, relevant contamination, BASIX, zoning, development standards and development control plan matters had been addressed, and no jurisdictional impediment was identified. The Court therefore disposed of the proceedings in accordance with the parties' agreement by upholding the appeal and granting conditional development consent, with costs thrown away for the amendment payable by the Applicant.

Court Disposition

Appeal upheld and conditional development consent granted to development application DA/2023/0705 as amended.

Orders

  • ['The Applicant is granted leave to rely on the documents listed in Annexure A.' "The Applicant shall pay the Respondent's costs thrown away by reason of the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $6,000 within 28 days...