Concretive BHV Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1101

Concretive BHV Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1101

The Court was satisfied the jurisdictional prerequisites for granting consent were met, that the amended development application resolved the matters raised in public submissions and the Respondent's contentions, and that the Applicant's cl 4.6 written request adequately justified the 14.7m building height, which exceeded the 13.5m standard by 1.2m or approximately 8.9%, because the exceedance arose generally from the steeply sloping topography, was compatible with the streetscape and desired future character, would not give rise to additional adverse impacts, and was consistent with the objectives of the R3 Medium Density Residential zone and cl 4.3 of the Woollahra Local Environmental...

Jurisdiction
Australia
Judgment Date
08 March 2024
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da136/2023/1 / Orders Made Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted to Development Application DA136/2023/1 as amended, subject to conditions.
Legal Topics
['development Application' 'residential Apartment Building' 'clause 4.6 Written Request' 'height of Buildings Development Standard' 'section 34 Agreement' 'deemed Refusal Appeal']
['planning and Environment' 'development Consent'] ['development Application' 'residential Apartment Building' 'clause 4.6 Written Request' 'height of Buildings Development Standard' 'section 34 Agreement' 'deemed Refusal Appeal']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da136/2023/1 / Orders Made Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

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 leave should be granted to amend Development Application DA136/2023/1 and rely on amended plans and documents.' "Whether the Applicant's cl 4.6 written request justified variation of the height of buildings development standard in cl 4.3 of the Woollahra Local Environmental Plan 2014." 'Whether development consent should be granted for the amended development application subject to conditions.']

Ratio Decidendi

The Court was satisfied the jurisdictional prerequisites for granting consent were met, that the amended development application resolved the matters raised in public submissions and the Respondent's contentions, and that the Applicant's cl 4.6 written request adequately justified the 14.7m building height, which exceeded the 13.5m standard by 1.2m or approximately 8.9%, because the exceedance arose generally from the steeply sloping topography, was compatible with the streetscape and desired future character, would not give rise to additional adverse impacts, and was consistent with the objectives of the R3 Medium Density Residential zone and cl 4.3 of the Woollahra Local Environmental...

Court Disposition

Appeal upheld; development consent granted to Development Application DA136/2023/1 as amended, subject to conditions.

Orders

  • ['Leave is granted to the Applicant to amend Development Application DA136/2023/1 and rely upon the amended plans and documents referred to in condition 1 at Annexure A.' "Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a...