Golden Beaches Pty Ltd v Northern Beaches Council [2020] NSWLEC 1339

Golden Beaches Pty Ltd v Northern Beaches Council [2020] NSWLEC 1339

Because the amended development was permissible in the R3 Medium Density Residential Zone under Warringah Local Environmental Plan 2011, complied with all relevant LEP development standards, addressed the council's original contentions and planning control objectives, and raised no notified issues warranting refusal subject to agreed conditions, the agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979; the Court therefore upheld the appeal and granted consent subject to conditions.

Jurisdiction
Australia
Judgment Date
31 July 2020
Procedural Posture
Class 1 Appeal Against Refusal of Development Application Da2018/1069 / Orders Following Conciliation Conference and Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application DA2018/1069 approved subject to conditions of consent.
Legal Topics
['development Consent' 'class 1 Appeal' 'conciliation Conference' 'residential Flat Building' 'conditions of Consent']
['planning and Environment' 'development Applications'] ['development Consent' 'class 1 Appeal' 'conciliation Conference' 'residential Flat Building' 'conditions of Consent']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application Da2018/1069 / Orders Following Conciliation Conference and Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["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." 'Whether Development Application DA2018/1069 should be approved subject to conditions of consent.' 'Whether the Applicant should be granted leave to amend Development Application DA2018/1069 and rely on amended plans and documents.']

Ratio Decidendi

Because the amended development was permissible in the R3 Medium Density Residential Zone under Warringah Local Environmental Plan 2011, complied with all relevant LEP development standards, addressed the council's original contentions and planning control objectives, and raised no notified issues warranting refusal subject to agreed conditions, the agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979; the Court therefore upheld the appeal and granted consent subject to conditions.

Court Disposition

Appeal upheld; Development Application DA2018/1069 approved subject to conditions of consent.

Orders

  • ['The Applicant is given leave to amend Development Application DA2018/1069 and to rely on the amended plans and documents referred to in the Table at condition 1(a) of the conditions of consent at Annexure A.' 'The Applicant is to pay the Respondent\'s costs "thrown away" by the amendment of Development Application...