Connoisseur Investments Pty Ltd v Northern Beaches Council [2019] NSWLEC 1476

Connoisseur Investments Pty Ltd v Northern Beaches Council [2019] NSWLEC 1476

Because the amended development was permissible as a boarding house in the R3 Medium Density Residential zone, met the R3 zone objectives, complied with relevant SEPP requirements including SEPP 55 and BASIX, and there were no jurisdictional considerations preventing approval, the parties' agreed decision was one the Court could have made in the proper exercise of its functions; under s 34(3) of the Land and Environment Court Act 1979 the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
08 October 2019
Procedural Posture
Class 1 Development Application Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Da2018/1121 / Orders Made Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development application DA2018/1121 approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'boarding House Development' 'conciliation Conference' 'consent Orders' 'basix' 'remediation of Land' 'local Environmental Plan Compliance']
['planning and Environment Law'] ['development Application' 'deemed Refusal Appeal' 'boarding House Development' 'conciliation Conference' 'consent Orders' 'basix' 'remediation of Land' 'local Environmental Plan Compliance']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Da2018/1121 / Orders Made Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court could determine the appeal in accordance with the parties' agreement following the s 34 conciliation conference." 'Whether the amended boarding house development was permissible and had no jurisdictional impediment to approval.' 'Whether the development application should be amended and approved subject to conditions.']

Ratio Decidendi

Because the amended development was permissible as a boarding house in the R3 Medium Density Residential zone, met the R3 zone objectives, complied with relevant SEPP requirements including SEPP 55 and BASIX, and there were no jurisdictional considerations preventing approval, the parties' agreed decision was one the Court could have made in the proper exercise of its functions; under s 34(3) of the Land and Environment Court Act 1979 the Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development application DA2018/1121 approved subject to conditions in Annexure A.

Orders

  • ['Leave is granted to the Applicant to amend the development application and rely on the documents listed in condition 1a) of Annexure A.' "The Applicant is to pay the Respondent's costs thrown away as a result of the amendment to the development application in accordance with section 8.15(3) of the Environmental...