Doonside Holdings Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1343

Doonside Holdings Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1343

The Court was satisfied that the clause 4.6 written requests sufficiently justified variation of the height and floor space ratio development standards, that the amended development was permissible and consistent with the relevant objectives and planning controls, that there were no jurisdictional impediments to consent, and that the parties' agreed decision was one the Court could have made; accordingly the requests were upheld, the appeal was upheld, and consent was granted subject to conditions.

Jurisdiction
Australia
Judgment Date
04 July 2023
Procedural Posture
Class 1 Development Appeal Against Refusal of Development Application 453/2022/1 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld and Development Application 453/2022/1, as amended, granted consent subject to conditions in Annexure A.
Legal Topics
['development Application' 'alterations and Additions to Commercial Development' 'clause 4.6 Variation of Development Standards' 'height of Building Standard' 'floor Space Ratio Standard' 'conciliation Conference' 'consent Orders']
['planning and Environment Law' 'development Consent'] ['development Application' 'alterations and Additions to Commercial Development' 'clause 4.6 Variation of Development Standards' 'height of Building Standard' 'floor Space Ratio Standard' 'conciliation Conference' 'consent Orders']

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Procedural Posture

Class 1 Development Appeal Against Refusal of Development Application 453/2022/1 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the clause 4.6 written requests justified variation of the height of building standard in cl 4.3 of the Woollahra Local Environmental Plan 2014 and the floor space ratio standard in cl 4.4, with cl 4.4A, of that plan.' 'Whether there were jurisdictional impediments to granting consent to the amended Development Application 453/2022/1 subject to conditions.' "Whether 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."]

Ratio Decidendi

The Court was satisfied that the clause 4.6 written requests sufficiently justified variation of the height and floor space ratio development standards, that the amended development was permissible and consistent with the relevant objectives and planning controls, that there were no jurisdictional impediments to consent, and that the parties' agreed decision was one the Court could have made; accordingly the requests were upheld, the appeal was upheld, and consent was granted subject to conditions.

Court Disposition

Appeal upheld and Development Application 453/2022/1, as amended, granted consent subject to conditions in Annexure A.

Orders

  • ["The applicant's clause 4.6 written request prepared by GSA Planning dated May 2023 seeking to vary the height of building standard at clause 4.3 of the Woollahra Local Environmental Plan 2014 is upheld." "The Applicant's clause 4.6 written request prepared by GSA Planning dated May 2023 seeking to vary the floor...