Co-ordinated Projects Pty. Limited v Northern Beaches Council [2022] NSWLEC 1055

Co-ordinated Projects Pty. Limited v Northern Beaches Council [2022] NSWLEC 1055

The Court, being satisfied that all legislative and jurisdictional prerequisites were met, upheld the parties' agreement to uphold the applicant's clause 4.6 request and approve the development application subject to conditions, as the non-compliance with the height standard was justified and consent was within the Court's jurisdiction to grant.

Parties
Applicant: Co-ordinated Projects Pty Limited; Respondent: Northern Beaches Council
Jurisdiction
Australia
Judgment Date
08 February 2022
Procedural Posture
Development Application Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
Development Application, Height Standard Variation, Environmental Planning, Conciliation Conference, Local Environmental Plan
Planning and Environment Law Development Application Height Standard Variation Environmental Planning Conciliation Conference Local Environmental Plan

Case Brief

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Parties

Co-ordinated Projects Pty Limited

Applicant

Northern Beaches Council

Respondent

Procedural Posture

Development Application Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 Whether consent should be granted to the development application notwithstanding non-compliance with maximum height standard
  2. 2 Whether jurisdictional requirements of relevant statutes and environmental planning instruments have been satisfied
  3. 3 Whether the written request to vary the height standard under clause 4.6 of the Warringah Local Environmental Plan 2011 should be upheld

Ratio Decidendi

The Court, being satisfied that all legislative and jurisdictional prerequisites were met, upheld the parties' agreement to uphold the applicant's clause 4.6 request and approve the development application subject to conditions, as the non-compliance with the height standard was justified and consent was within the Court's jurisdiction to grant.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • The Applicant's clause 4.6 written request to vary the height standard under clause 4.3 of Warringah Local Environmental Plan 2011 is upheld.
  • The appeal is upheld.