O’Hanlon v Northern Beaches Council [2021] NSWLEC 1578

O’Hanlon v Northern Beaches Council [2021] NSWLEC 1578

Because the amended development application had the registered proprietor's consent, the proposed demolition, subdivision and dwelling houses were permissible with consent, the amended proposal complied with or appropriately addressed the relevant planning controls and environmental planning instruments, BASIX and SEPP 55 requirements were satisfied, and the proposal was in the public interest under s 4.15(1), the parties' agreed decision was one the Court could make under s 34(3). The appeal was therefore upheld and consent granted subject to conditions, with costs thrown away ordered.

Jurisdiction
Australia
Judgment Date
30 September 2021
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da2019/1447 / Orders Made Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted to Development Application DA2019/1447 as amended; Applicant ordered to pay Respondent's costs thrown away.
Legal Topics
['development Application' 'consent Appeal' 'torrens Title Subdivision' 'dwelling Houses' 'conciliation Agreement' 'costs Thrown Away']
['development and Planning Law' 'environmental Law'] ['development Application' 'consent Appeal' 'torrens Title Subdivision' 'dwelling Houses' 'conciliation Agreement' 'costs Thrown Away']

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 Refusal of Development Application Da2019/1447 / Orders Made Following S 34 Conciliation Conference and Agreement Between the Parties

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 jurisdictional prerequisites for granting consent to the amended development application were satisfied.' 'Whether the amended proposal could be granted consent having regard to relevant environmental planning instruments, development standards, SEPP 55, BASIX requirements and s 4.15(1) of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

Because the amended development application had the registered proprietor's consent, the proposed demolition, subdivision and dwelling houses were permissible with consent, the amended proposal complied with or appropriately addressed the relevant planning controls and environmental planning instruments, BASIX and SEPP 55 requirements were satisfied, and the proposal was in the public interest under s 4.15(1), the parties' agreed decision was one the Court could make under s 34(3). The appeal was therefore upheld and consent granted subject to conditions, with costs thrown away ordered.

Court Disposition

Appeal upheld; development consent granted to Development Application DA2019/1447 as amended; Applicant ordered to pay Respondent's costs thrown away.

Orders

  • ["The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the Development Application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the sum of $10,000 within 28 days." 'The appeal is upheld.' 'Consent is granted to Development Application...