Architecture Urbaneia Pty Limited v Willoughby City Council [2021] NSWLEC 1358

Architecture Urbaneia Pty Limited v Willoughby City Council [2021] NSWLEC 1358

Because the jurisdictional preconditions identified by the parties were satisfied, including permissibility in the R3 Medium Density Residential zone, consistency with zone objectives, adequate justification for the minor FSR contravention in the cl 4.6 written request, and consideration of relevant environmental planning instruments, the parties' agreed decision to grant consent subject to conditions was a decision the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
18 June 2021
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'floor Space Ratio Development Standard' 'clause 4.6 Variation' 'residential Development']
['planning and Environment Law' 'development Consent'] ['development Application Appeal' 'conciliation Conference' 'floor Space Ratio Development Standard' 'clause 4.6 Variation' 'residential Development']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether development consent could be granted to the amended development application subject to conditions.' 'Whether the written request under cl 4.6 of the Willoughby Local Environmental Plan 2012 justified contravention of the floor space ratio development standard.']

Ratio Decidendi

Because the jurisdictional preconditions identified by the parties were satisfied, including permissibility in the R3 Medium Density Residential zone, consistency with zone objectives, adequate justification for the minor FSR contravention in the cl 4.6 written request, and consideration of relevant environmental planning instruments, the parties' agreed decision to grant consent subject to conditions was a decision the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The Applicant is granted leave to amend the development application to rely upon the amended architectural plans, landscape plans and reports referred to in condition 1 of Annexure A and a revised clause 4.6 objection dated 12 May 2021.' "Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act...