Lavecky v Waverley Council [2021] NSWLEC 1115

Lavecky v Waverley Council [2021] NSWLEC 1115

The parties agreed to orders upholding the appeal and granting consent, and the Court was satisfied that the agreed decision was one it could make because the amended residential flat building proposal was permissible with consent in the R3 Medium Density Residential zone, complied with relevant Waverley Local Environmental Plan 2012 development standards and other environmental planning instruments, addressed heritage, earthworks, contamination, BASIX and design verification requirements, and was in the public interest.

Jurisdiction
Australia
Judgment Date
09 March 2021
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application DA 88/2019 / Orders Made After Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld and development consent granted subject to conditions; Applicant ordered to pay Respondent's costs thrown away.
Legal Topics
['development Application' 'residential Flat Building' 'deemed Refusal Appeal' 'conciliation Conference' 'development Consent' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'residential Flat Building' 'deemed Refusal Appeal' 'conciliation Conference' 'development Consent' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application DA 88/2019 / Orders Made After Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the final amended proposal satisfied the jurisdictional prerequisites for the grant of development consent under the Environmental Planning and Assessment Act 1979.' 'Whether the development was permissible with consent under the Waverley Local Environmental Plan 2012 and consistent with relevant planning controls and environmental planning instruments.']

Ratio Decidendi

The parties agreed to orders upholding the appeal and granting consent, and the Court was satisfied that the agreed decision was one it could make because the amended residential flat building proposal was permissible with consent in the R3 Medium Density Residential zone, complied with relevant Waverley Local Environmental Plan 2012 development standards and other environmental planning instruments, addressed heritage, earthworks, contamination, BASIX and design verification requirements, and was in the public interest.

Court Disposition

Appeal upheld and development consent granted subject to conditions; Applicant ordered to pay Respondent's costs thrown away.

Orders

  • ["Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away in the agreed amount of $30,000 within 28 days of these orders." 'The appeal is upheld.' "Consent is granted to development application DA-88/2019 for the demolition of 2...