Unsworth v Northern Beaches Council [2019] NSWLEC 1591

Unsworth v Northern Beaches Council [2019] NSWLEC 1591

The Commissioner was satisfied that the agreed grant of development consent to the amended application subject to conditions was a decision the Court could make because the dwelling house was permissible in the E3 Environmental Management zone, the cl 4.6 written requests adequately justified contraventions of the height and special height provisions, the proposal was in the public interest and consistent with relevant objectives, and the proposal complied with the floor space ratio development standard.

Jurisdiction
Australia
Judgment Date
03 December 2019
Procedural Posture
Class 1 Appeal Concerning a Development Application for Alterations and Additions to an Existing Dwelling House Including a Swimming Pool / Orders Made Following Agreement Reached at a Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'dwelling House Alterations and Additions' 'clause 4.6 Written Requests' 'height of Buildings Development Standard' 'special Height Provisions' 'conciliation Conference Agreement']
['planning and Environment Law' 'development Consent'] ['development Application' 'dwelling House Alterations and Additions' 'clause 4.6 Written Requests' 'height of Buildings Development Standard' 'special Height Provisions' 'conciliation Conference Agreement']

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Procedural Posture

Class 1 Appeal Concerning a Development Application for Alterations and Additions to an Existing Dwelling House Including a Swimming Pool / Orders Made Following Agreement Reached at a Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Applicant should be granted leave to amend the development application to rely on amended architectural plans.' 'Whether the clause 4.6 written request justified variation of the Special height provisions development standard in clause 4.3A of Manly Local Environmental Plan 2013.' 'Whether the clause 4.6 written request justified variation of the Height of buildings development standard in clause 4.3 of Manly Local Environmental Plan 2013.' 'Whether the agreed decision to grant development consent subject to conditions 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.']

Ratio Decidendi

The Commissioner was satisfied that the agreed grant of development consent to the amended application subject to conditions was a decision the Court could make because the dwelling house was permissible in the E3 Environmental Management zone, the cl 4.6 written requests adequately justified contraventions of the height and special height provisions, the proposal was in the public interest and consistent with relevant objectives, and the proposal complied with the floor space ratio development standard.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The Applicant is granted leave to amend the development application to rely upon the amended architectural plans referred to in condition 1 of Annexure A.' 'The clause 4.6 written request to vary the Special height provisions development standard set out in clause 4.3A of Manly Local Environmental Plan 2013...