Barata v Woollahara Municipal Council [2024] NSWLEC 1726

Barata v Woollahara Municipal Council [2024] NSWLEC 1726

Agreement between parties resolves all planning and statutory issues raised in submissions and by Council. Amended Development Application satisfies all relevant planning instruments, controls and statutory requirements. Accordingly, consent is granted subject to conditions and costs order.

Parties
Applicant: Eduardo de Oliveira Barata; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
12 November 2024
Procedural Posture
Development Application Appeal / Final Judgment After S 34 Conciliation Conference
Outcome
Appeal upheld; consent granted to amended Development Application; costs order made
Legal Topics
Development Application, Heritage Conservation, Environmental Planning, Residential Amenity, Appeal, Agreement Between Parties
Planning and Environment Development Application Heritage Conservation Environmental Planning Residential Amenity Appeal Agreement Between Parties

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Parties

Eduardo de Oliveira Barata

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Development Application Appeal / Final Judgment After S 34 Conciliation Conference

Legal Issues

  1. 1 Whether consent should be granted to amended Development Application DA/358/2023 for alterations and additions to a dwelling in the R2 zone in Paddington, having regard to planning controls, heritage, amenity and public submissions

Ratio Decidendi

Agreement between parties resolves all planning and statutory issues raised in submissions and by Council. Amended Development Application satisfies all relevant planning instruments, controls and statutory requirements. Accordingly, consent is granted subject to conditions and costs order.

Court Disposition

Appeal upheld; consent granted to amended Development Application; costs order made

Orders

  • Leave granted to Applicant to amend Development Application DA/358/2023 and rely on amended documents per Condition A.3 at Annexure A.
  • Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, Applicant to pay Respondent's thrown away costs of $3,000 within 14 days.