Elkorr v Woollahra Council [2019] NSWLEC 1000

Elkorr v Woollahra Council [2019] NSWLEC 1000

The Court was satisfied that the amended plans and clause 4.6 written request justify variation to the Height of Buildings standard, that the objectives of the standard and zoning are achieved, and that the parties' agreement was a lawful and proper exercise of the Court’s functions. Development consent was therefore granted subject to conditions.

Jurisdiction
Australia
Judgment Date
02 January 2019
Procedural Posture
Development Appeal / Conciliation Conference and Determination
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
['development Consent' 'height of Buildings Standard' 'planning Variation' 'conciliation Conference']
['planning and Environment'] ['development Consent' 'height of Buildings Standard' 'planning Variation' 'conciliation Conference']

Case Brief

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Procedural Posture

Development Appeal / Conciliation Conference and Determination

Legal Issues

  1. 1 ['Whether to grant development consent for alterations and additions breaching the Height of Buildings development standard' "Whether the applicant's clause 4.6 request justifies variation of the standard"]

Ratio Decidendi

The Court was satisfied that the amended plans and clause 4.6 written request justify variation to the Height of Buildings standard, that the objectives of the standard and zoning are achieved, and that the parties' agreement was a lawful and proper exercise of the Court’s functions. Development consent was therefore granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • ["The applicant is granted leave to amend the application and rely on plans and material listed under Condition A.3 in Annexure 'A'." "The applicant's written request pursuant to clause 4.6 of the Woollahra Local Environmental Plan 2014 seeking to justify the breach of the Height of Buildings development standard...