W N Developments Pty Ltd ATF 112 Windsor Road Unit Trust 89 690 813 461 v The Hills Shire Council [2021] NSWLEC 1150

W N Developments Pty Ltd ATF 112 Windsor Road Unit Trust 89 690 813 461 v The Hills Shire Council [2021] NSWLEC 1150

The Commissioner was satisfied that the relevant environmental planning requirements had been addressed, including permissibility in the R3 Medium Density Residential and SP2 Infrastructure zones, compliance with height and lot size standards, satisfaction of State Environmental Planning Policy (Affordable Rental Housing) 2009 standards, compatibility with the local area, infrastructure acquisition matters, remediation of contaminated land, and BASIX requirements. Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) required the proceedings to be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
26 March 2021
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders Following Conciliation Conference and Agreement Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions; leave granted to rely on amended plans and documentation.
Legal Topics
['development Application' 'boarding House Development' 'affordable Rental Housing' 'compatibility With Local Character' 'conciliation Conference' 'consent Orders' 'remediation of Contaminated Land' 'subdivision']
['planning and Environment Law'] ['development Application' 'boarding House Development' 'affordable Rental Housing' 'compatibility With Local Character' 'conciliation Conference' 'consent Orders' 'remediation of Contaminated Land' 'subdivision']

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the parties' agreed decision 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 the proposed boarding house and subdivision satisfied the relevant environmental planning instruments, including The Hills Local Environmental Plan 2012 and State Environmental Planning Policy (Affordable Rental Housing) 2009.' 'Whether the proposed development was compatible with the character of the local area under cl 30A of State Environmental Planning Policy (Affordable Rental Housing) 2009.' 'Whether contamination and remediation matters were adequately addressed under cl 7 of State Environmental Planning Policy No 55—Remediation of Land.']

Ratio Decidendi

The Commissioner was satisfied that the relevant environmental planning requirements had been addressed, including permissibility in the R3 Medium Density Residential and SP2 Infrastructure zones, compliance with height and lot size standards, satisfaction of State Environmental Planning Policy (Affordable Rental Housing) 2009 standards, compatibility with the local area, infrastructure acquisition matters, remediation of contaminated land, and BASIX requirements. Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) required the proceedings to be disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; development application approved subject to conditions; leave granted to rely on amended plans and documentation.

Orders

  • ['The applicant is granted leave to rely upon the amended plans and documentation referred to in condition 1 of the conditions at annexure "A".' 'The appeal is upheld.' 'Development Application DA 1267/2019/HA for torrens title subdivision and construction of a boarding house comprising two x two storey buildings...