Blainey North and Associates Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1242

Blainey North and Associates Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1242

Because the parties had reached an agreed decision to uphold the appeal and approve the modification application with amended conditions, and because the Commissioner was satisfied that the modified development was substantially the same development, was not inconsistent with the Woollahra Local Environmental Plan 2014 including cl 5.10, did not require notification under the Woollahra Development Control Plan 2015, and otherwise satisfied the relevant s 4.55(2) prerequisites, the agreed decision was one the Court could make in the proper exercise of its functions. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in...

Jurisdiction
Australia
Judgment Date
04 June 2019
Procedural Posture
Class 1 Appeal Against Conditions Imposed by Woollahra Municipal Council in Consent of Modification Application DA 211/2015/3 to Modify Development Consent DA 211/2015/2 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; modification application DA 211/2015/3 approved subject to conditions.
Legal Topics
['modification Application' 'class 1 Appeal' 'conciliation Conference' 'agreement Between the Parties' 'alterations and Additions to Existing Dwelling House' 'stormwater Conditions' 'heritage Conservation']
['environmental and Planning Law' 'development Consent Modification' 'heritage Conservation'] ['modification Application' 'class 1 Appeal' 'conciliation Conference' 'agreement Between the Parties' 'alterations and Additions to Existing Dwelling House' 'stormwater Conditions' 'heritage Conservation']

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Procedural Posture

Class 1 Appeal Against Conditions Imposed by Woollahra Municipal Council in Consent of Modification Application DA 211/2015/3 to Modify Development Consent DA 211/2015/2 / 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 parties' agreed decision was one that 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 modification application satisfied the relevant jurisdictional prerequisites in s 4.55(2) of the Environmental Planning and Assessment Act 1979.' 'Whether the proposed modified development remained substantially the same development as originally approved and as previously modified.' 'Whether the proposed changes were consistent with the Woollahra Local Environmental Plan 2014, including cl 5.10 relating to heritage conservation, and the Woollahra Development Control Plan 2015.']

Ratio Decidendi

Because the parties had reached an agreed decision to uphold the appeal and approve the modification application with amended conditions, and because the Commissioner was satisfied that the modified development was substantially the same development, was not inconsistent with the Woollahra Local Environmental Plan 2014 including cl 5.10, did not require notification under the Woollahra Development Control Plan 2015, and otherwise satisfied the relevant s 4.55(2) prerequisites, the agreed decision was one the Court could make in the proper exercise of its functions. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in...

Court Disposition

Appeal upheld; modification application DA 211/2015/3 approved subject to conditions.

Orders

  • ['Leave is granted for the applicant to rely on the amended plans listed in Condition A10 of the conditions set out in Annexure "A".' 'The appeal is upheld.' 'The modification application DA 211/2015/3 to modify development consent DA 211/2015/2 is determined by approval subject to the conditions contained in...