GPT Funds Management Limited v North Sydney Council [2024] NSWLEC 1498

GPT Funds Management Limited v North Sydney Council [2024] NSWLEC 1498

Because the amended DA was permissible with consent in the E2 Commercial Centre zone, satisfied relevant jurisdictional requirements and environmental planning instruments, addressed public submissions through amendments and conditions, and the cl 4.6 written request adequately justified the height variation, the agreed outcome was a decision the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979; the appeal was therefore upheld and development consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
16 August 2024
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da393/22 / Decision Following S 34 Conciliation Conference With Agreed Orders
Outcome
Appeal upheld; cl 4.6 written request upheld; development consent granted to DA393/22 as amended subject to conditions; Applicant ordered to pay agreed costs thrown away.
Legal Topics
['development Application' 'commercial Office Building' 'clause 4.6 Written Request' 'height of Buildings Development Standard' 'section 34 Agreement' 'conditions of Consent']
['planning and Environment' 'development Consent' 'local Environmental Planning'] ['development Application' 'commercial Office Building' 'clause 4.6 Written Request' 'height of Buildings Development Standard' 'section 34 Agreement' 'conditions of Consent']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da393/22 / Decision Following S 34 Conciliation Conference With Agreed Orders

Legal Issues

  1. 1 ["Whether the Court could make orders in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application DA393/22 as amended satisfied the jurisdictional prerequisites for grant of development consent.' "Whether the Applicant's cl 4.6 written request adequately justified contravention of the height of buildings development standard in cll 4.3 and 4.3A of the North Sydney Local Environmental Plan 2013." 'Whether the amended development was permissible with consent and consistent with the E2 Commercial Centre zone objectives.' 'Whether relevant environmental planning instruments and public submissions had been appropriately addressed.']

Ratio Decidendi

Because the amended DA was permissible with consent in the E2 Commercial Centre zone, satisfied relevant jurisdictional requirements and environmental planning instruments, addressed public submissions through amendments and conditions, and the cl 4.6 written request adequately justified the height variation, the agreed outcome was a decision the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979; the appeal was therefore upheld and development consent granted subject to conditions.

Court Disposition

Appeal upheld; cl 4.6 written request upheld; development consent granted to DA393/22 as amended subject to conditions; Applicant ordered to pay agreed costs thrown away.

Orders

  • ['Leave is granted to the Applicant to amend Development Application DA393/22 and rely upon the amended plans and documents referred to in Condition 1 at Annexure A.' "Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result...