Sartori v Mosman Municipal Council [2024] NSWLEC 1407

Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979; Orders by Agreement Under S 34(3)

Legal Issues

1. 1 ["Whether the parties' agreed decision was one that the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." "Whether the applicant's written request under cl 4.6 of the Mosman Local Environmental Plan 2012 justified contravention of the height of buildings development standard in cl 4.3." 'Whether the amended development application satisfied relevant planning controls and environmental planning considerations so that consent could be granted.']

Ratio Decidendi

The agreed decision was within power because the jurisdictional prerequisites for granting consent were satisfied: the landowner's consent and notification requirements were addressed, dwelling houses were permissible in the C4 Environmental Living zone, the cl 4.6 request adequately justified the minor height exceedance, and the amended proposal satisfied or was acceptable under the relevant MLEP and SEPP controls. Accordingly, s 34(3) required the Court to dispose of the proceedings in accordance with the parties' agreement by upholding the appeal and granting consent subject to conditions.

Court Disposition

Appeal upheld; cl 4.6 written request upheld; development consent granted subject to conditions.

Orders

• ["The Applicant's written request, pursuant to cl 4.6 of the Mosman Local Environmental Plan 2012 (MLEP), seeking to vary the development standard for height of buildings set out in cl 4.3 of the MLEP is upheld." 'The appeal is upheld.' 'Development Application No 8.2023.178.1 for alterations and additions to a...