Humel v Northern Beaches Council [2023] NSWLEC 1750

Humel v Northern Beaches Council [2023] NSWLEC 1750

Because the parties reached agreement on amended plans and conditions, the amended development was permissible with consent in the R2 Low Density Residential zone, the relevant statutory planning controls and public participation matters did not disclose any jurisdictional impediment, and the proposed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' agreement by upholding the appeal and granting development consent.

Jurisdiction
Australia
Judgment Date
08 December 2023
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 From Deemed Refusal of Development Application DA No 2022/1736 / Orders Made Following Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted to Development Application DA-2022/1736, as amended, subject to the conditions of consent in Annexure A.
Legal Topics
['development Appeal' 'deemed Refusal' 'dwelling House and Secondary Dwelling' 'swimming Pool and Landscaping Works' 'conciliation Conference' 'consent Orders' 'jurisdictional Prerequisites for Development Consent']
['planning and Environment' 'development Consent' 'land and Environment Court Procedure'] ['development Appeal' 'deemed Refusal' 'dwelling House and Secondary Dwelling' 'swimming Pool and Landscaping Works' 'conciliation Conference' 'consent Orders' 'jurisdictional Prerequisites for Development Consent']

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 From Deemed Refusal of Development Application DA No 2022/1736 / Orders Made Following Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the Court could make orders upholding the appeal and granting development consent to the amended Development Application in the proper exercise of its functions.' 'Whether jurisdictional prerequisites to the grant of consent under s 4.16(1)(a) of the Environmental Planning and Assessment Act 1979 were satisfied.' 'Whether the amended proposal was permissible and consistent with relevant planning controls, including the Warringah Local Environmental Plan 2011 and applicable State Environmental Planning Policies.' 'Whether public submissions and procedural fairness matters had been adequately addressed.']

Ratio Decidendi

Because the parties reached agreement on amended plans and conditions, the amended development was permissible with consent in the R2 Low Density Residential zone, the relevant statutory planning controls and public participation matters did not disclose any jurisdictional impediment, and the proposed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' agreement by upholding the appeal and granting development consent.

Court Disposition

Appeal upheld; development consent granted to Development Application DA-2022/1736, as amended, subject to the conditions of consent in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to Development Application DA-2022/1736, as amended, for demolition and construction of a dwelling house with attached secondary dwelling, swimming pool, landscaping works and ancillary site works on land at 6 Dick St, Freshwater NSW, 2096 (being proposed Lot...