Ding v Woollahra Municipal Council [2019] NSWLEC 1403

Ding v Woollahra Municipal Council [2019] NSWLEC 1403

Because the amended plans and conditions resolved the parties' merit contentions, the proposal was permissible in the R2 Low Density Residential zone, consistent with the relevant Woollahra Local Environmental Plan 2014 and Woollahra Development Control Plan 2015 requirements, and there were no jurisdictional impediments, the agreed decision to uphold the appeal and grant development consent was one the Court could make and therefore had to be given effect under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
30 August 2019
Procedural Posture
Class 1 Appeal Against Refusal of Development Application DA 394/2017 / Conciliation Conference Under S 34 Aa(2) of the Land and Environment Court Act 1979; Orders Made by Agreement Under S 34(3)
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'development Consent' 'structural Integrity' 'conditions of Consent']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'development Consent' 'structural Integrity' 'conditions of Consent']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application DA 394/2017 / Conciliation Conference Under S 34 Aa(2) of the Land and Environment Court Act 1979; Orders Made by Agreement Under S 34(3)

Legal Issues

  1. 1 ['Whether the Court should grant leave to the Applicant to rely on further amended plans.' 'Whether the agreed outcome to uphold the appeal and grant development consent with conditions was a decision the Court could have made in the proper exercise of its functions.' 'Whether DA 394/2017 satisfied the relevant merit and jurisdictional requirements, including s 4.15(1) of the Environmental Planning and Assessment Act 1979, Woollahra Local Environmental Plan 2014 and Woollahra Development Control Plan 2015.']

Ratio Decidendi

Because the amended plans and conditions resolved the parties' merit contentions, the proposal was permissible in the R2 Low Density Residential zone, consistent with the relevant Woollahra Local Environmental Plan 2014 and Woollahra Development Control Plan 2015 requirements, and there were no jurisdictional impediments, the agreed decision to uphold the appeal and grant development consent was one the Court could make and therefore had to be given effect under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['Leave is granted to the Applicant to rely on the following further amended plans: Architectural plans (Issue E) prepared by Dods and Zuccon Architects dated 12 August 2019; Landscape plan (Revision 3) prepared by Marcia Hosking Landscape Architect dated 12 August 2019; and Structural engineering sketches SK01 and...