Wynn Constructions Pty Limited v Inner West Council [2024] NSWLEC 1516

Wynn Constructions Pty Limited v Inner West Council [2024] NSWLEC 1516

Because the parties reached agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the jurisdictional preconditions were met and that granting consent to the amended development application subject to conditions was a decision the Court could make in the proper exercise of its functions, the proceedings were disposed of by upholding the appeal and granting development consent.

Jurisdiction
Australia
Judgment Date
27 August 2024
Procedural Posture
Class 1 Appeal Concerning a Development Application Deemed to Be Refused / Final Orders Following a Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; leave granted to amend the development application; Applicant to pay Respondent's costs thrown away.
Legal Topics
['development Application Appeal' 'mixed Use Development' 'shop Top Housing' 'conciliation Conference' 'clause 4.6 Variation' 'height Development Standard' 'jurisdictional Preconditions']
['planning and Environment' 'development Consent' 'land and Environment Court Procedure'] ['development Application Appeal' 'mixed Use Development' 'shop Top Housing' 'conciliation Conference' 'clause 4.6 Variation' 'height Development Standard' 'jurisdictional Preconditions']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a Development Application Deemed to Be Refused / Final Orders Following a Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether leave should be granted to amend Development Application No. DA/2023/0614.' 'Whether the Court could grant development consent to the amended development application in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether jurisdictional preconditions, including permissibility, notification, development standards, acid sulfate soils, earthworks, stormwater, airspace, aircraft noise, design excellence, residential accommodation in business zones, BASIX, contamination, design verification and SEPP Housing matters, were satisfied.']

Ratio Decidendi

Because the parties reached agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the jurisdictional preconditions were met and that granting consent to the amended development application subject to conditions was a decision the Court could make in the proper exercise of its functions, the proceedings were disposed of by upholding the appeal and granting development consent.

Court Disposition

Appeal upheld; development consent granted subject to conditions; leave granted to amend the development application; Applicant to pay Respondent's costs thrown away.

Orders

  • ['Leave is granted to the Applicant to amend Development Application No. DA/2023/0614 and rely on the Further Amended Application listed at [8(1)].' 'The appeal is upheld.' 'Development consent is granted to Development Application No. DA/2023/0614 for construction of a 6-storey mixed use development containing 12...