Charalambous v Waverley Council [2016] NSWLEC 1387

Charalambous v Waverley Council [2016] NSWLEC 1387

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; the proceedings were therefore disposed of in accordance with that agreement, with the appeal upheld and development consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
02 September 2016
Procedural Posture
Class 1 Appeal Under S97(3) of the Environmental Planning and Assessment Act 1979 Against a Deferred Commencement Development Consent / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted to DA 470/2015 for alterations and additions to an existing residential flat building at 10 Moore St Bondi, subject to conditions in Annexure A.
Legal Topics
['development Consent' 'deferred Commencement Consent' 'conciliation Conference' 'section 34 Agreement' 'floor Space Ratio Variation' 'alterations and Additions to Residential Flat Building']
['planning and Environment Law' 'land and Environment Court Procedure'] ['development Consent' 'deferred Commencement Consent' 'conciliation Conference' 'section 34 Agreement' 'floor Space Ratio Variation' 'alterations and Additions to Residential Flat Building']

Case Brief

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Procedural Posture

Class 1 Appeal Under S97(3) of the Environmental Planning and Assessment Act 1979 Against a Deferred Commencement Development Consent / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the clause 4.6 request under Waverley Local Environmental Plan 2012 concerning the floor space ratio standard should be upheld.' 'Whether development consent should be granted for DA 470/2015 subject to conditions.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; the proceedings were therefore disposed of in accordance with that agreement, with the appeal upheld and development consent granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted to DA 470/2015 for alterations and additions to an existing residential flat building at 10 Moore St Bondi, subject to conditions in Annexure A.

Orders

  • ['The Applicant is granted leave to rely upon the following amended plans, as set out in operational Condition 1 in Annexure A: A01 Issue B dated 5 August 2016; A02 Issue B dated 5 August 2016; A05 Issue B dated 5 August 2016; A06 Issue B dated 5 August 2016; A07 Issue B dated 5 August 2016; A08 Issue B dated 5...