Sun v Inner West Council [2019] NSWLEC 1556

Sun v Inner West Council [2019] NSWLEC 1556

The Court was required to give effect to the parties' agreement because the proposed decision was one the Court could have made in the proper exercise of its functions: material before the Court adequately addressed the effect of the proposed development on the heritage significance of the conservation area, a BASIX certificate had been provided, and no jurisdictional impediment was identified.

Jurisdiction
Australia
Judgment Date
19 November 2019
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application DA 2018/00390 / Conciliation Conference Under S 34 Aa(2) of the Land and Environment Court Act 1979; Orders by Agreement
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['demolition of Existing Dwelling and Construction of New Dwelling' 'conciliation Conference' 'agreement Between the Parties' 'basix Certificate' 'heritage Conservation Area']
['planning and Environment Law' 'development Consent' 'heritage Conservation'] ['demolition of Existing Dwelling and Construction of New Dwelling' 'conciliation Conference' 'agreement Between the Parties' 'basix Certificate' 'heritage Conservation Area']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application DA 2018/00390 / Conciliation Conference Under S 34 Aa(2) of the Land and Environment Court Act 1979; Orders by Agreement

Legal Issues

  1. 1 ['Whether the proposed agreed decision was one 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 were satisfied, including consideration of heritage conservation area effects and provision of a BASIX certificate.']

Ratio Decidendi

The Court was required to give effect to the parties' agreement because the proposed decision was one the Court could have made in the proper exercise of its functions: material before the Court adequately addressed the effect of the proposed development on the heritage significance of the conservation area, a BASIX certificate had been provided, and no jurisdictional impediment was identified.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['Leave is granted to the applicant to amend the development application and rely on the amended plans listed in Condition 1 of Annexure A.' 'The appeal is upheld.' 'Development consent is granted to Development Application 201800390 to demolish the majority of the existing dwelling and construct a part two and part...