Allen Group Developments Pty Ltd v Northern Beaches Council [2023] NSWLEC 1541

Allen Group Developments Pty Ltd v Northern Beaches Council [2023] NSWLEC 1541

The Court could make the agreed decision because the amended development application had owner consent, the relevant SEPP and LEP provisions were considered or satisfied, residential flat buildings were permissible with consent in the R1 General Residential zone, the height and floor space ratio clause 4.6 variation requests adequately justified the contraventions and were in the public interest, and no jurisdictional impediment to the agreed orders was identified. The appeal was therefore upheld and development consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
20 September 2023
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application Da2022/0688 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Section 34 Conciliation Conference; Parties Reached Agreement on Amended Plans and Documents and Sought Consent Orders
Outcome
Appeal upheld; development consent granted to DA2022/0688 subject to conditions; clause 4.6 variation requests for height and floor space ratio upheld; Applicant ordered to pay agreed thrown away costs.
Legal Topics
['development Application for Demolition and Residential Flat Building' 'section 34 Conciliation Agreement' 'clause 4.6 Variation Requests' 'height of Buildings Development Standard' 'floor Space Ratio Development Standard' 'basix' 'sydney Harbour Catchment' 'sepp 65 Design Quality' 'heritage Impact' 'earthworks' 'stormwater Management' 'foreshore Scenic Protection Area']
['planning and Environment Law' 'development Consent'] ['development Application for Demolition and Residential Flat Building' 'section 34 Conciliation Agreement' 'clause 4.6 Variation Requests' 'height of Buildings Development Standard' 'floor Space Ratio Development Standard' 'basix' 'sydney Harbour Catchment' 'sepp 65 Design Quality' 'heritage Impact' 'earthworks' 'stormwater Management' 'foreshore Scenic Protection Area']

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application Da2022/0688 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Section 34 Conciliation Conference; Parties Reached Agreement on Amended Plans and Documents and Sought Consent Orders

Legal Issues

  1. 1 ['Whether the agreement to grant consent to the amended development application 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 clause 4.6 request to vary the height development standard in cl 4.3 of the Manly Local Environmental Plan 2013 should be upheld.' 'Whether the clause 4.6 request to vary the floor space ratio development standard in cl 4.4 of the Manly Local Environmental Plan 2013 should be upheld.' 'Whether relevant statutory planning controls and environmental considerations permitted the grant of development consent subject to conditions.']

Ratio Decidendi

The Court could make the agreed decision because the amended development application had owner consent, the relevant SEPP and LEP provisions were considered or satisfied, residential flat buildings were permissible with consent in the R1 General Residential zone, the height and floor space ratio clause 4.6 variation requests adequately justified the contraventions and were in the public interest, and no jurisdictional impediment to the agreed orders was identified. The appeal was therefore upheld and development consent granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted to DA2022/0688 subject to conditions; clause 4.6 variation requests for height and floor space ratio upheld; Applicant ordered to pay agreed thrown away costs.

Orders

  • ['Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay the costs of the Respondent that are thrown away as a result of the Applicant filing the Amended Application, in the agreed amount of $10,000.00 within 28 days of these orders.' 'The request pursuant to clause...