Clutch Developments No.2 Pty Ltd v Waverley Council; Clutch Developments Pty Ltd v Waverley Council [2024] NSWLEC 1804

Clutch Developments No.2 Pty Ltd v Waverley Council; Clutch Developments Pty Ltd v Waverley Council [2024] NSWLEC 1804

The Court is satisfied, based on the parties' agreement, amended plans, documentary material, and fulfilled procedural and jurisdictional requirements under the relevant legislation, that the appeals should be upheld; development consent and its modification are granted accordingly with conditions.

Parties
Applicant: Clutch Developments No.2 Pty Ltd; Respondent: Waverley Council; Applicant: Clutch Developments Pty Ltd
Jurisdiction
Australia
Judgment Date
13 December 2024
Procedural Posture
Class 1 Appeal – Development Appeal and Modification Application / Post Conciliation Conference; Final Orders After Agreement
Outcome
Appeals upheld. Development consent granted and modification application approved.
Legal Topics
Development Applications, Modification of Consent, Consolidation of Lots, Shop Top Housing, Jurisdictional Prerequisites, Notification and Procedural Fairness
Planning and Environment Development Applications Modification of Consent Consolidation of Lots Shop Top Housing Jurisdictional Prerequisites Notification and Procedural Fairness

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Parties

Clutch Developments No.2 Pty Ltd

Applicant

Waverley Council

Respondent

Clutch Developments Pty Ltd

Applicant

Procedural Posture

Class 1 Appeal – Development Appeal and Modification Application / Post Conciliation Conference; Final Orders After Agreement

Legal Issues

  1. 1 Whether jurisdictional prerequisites for grant and modification of development consent are satisfied under the Environmental Planning and Assessment Act 1979 and Land and Environment Court Act 1979
  2. 2 Whether agreements reached by parties resolve all relevant contentions and objections
  3. 3 Whether proper notification, procedural fairness, and public interest requirements are met

Ratio Decidendi

The Court is satisfied, based on the parties' agreement, amended plans, documentary material, and fulfilled procedural and jurisdictional requirements under the relevant legislation, that the appeals should be upheld; development consent and its modification are granted accordingly with conditions.

Court Disposition

Appeals upheld. Development consent granted and modification application approved.

Orders

  • In 2024/71549 (135-139 Curlewis St): Appeal upheld. Development consent is granted to DA-381/2023 for demolition and construction of shop top housing, subject to conditions in Annexure A.
  • The Applicant is to pay the Respondent's costs thrown away by the amendment of the development application in the sum of $8,000 within 28 days.