Halepa Holdings Pty Limited v Woollahra Municipal Council [2022] NSWLEC 1237

Halepa Holdings Pty Limited v Woollahra Municipal Council [2022] NSWLEC 1237

Because the applicable jurisdictional requirements were satisfied, the cl 4.6 written request adequately justified the height contravention, the proposed development was consistent with the relevant development standard and zone objectives and the s 4.15(1) matters had been considered, the parties' agreed decision to uphold the appeal and grant consent subject to conditions was one the Court could have made in the proper exercise of its functions. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
17 May 2022
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Refusal of Development Application No. Da449/2020/1 / After a Site Inspection and Commencement of a Contested Hearing, the Matter Proceeded by S 34 Conciliation Conference and the Parties Reached Agreement on Orders
Outcome
Appeal upheld; development application approved subject to conditions; cl 4.6 written request upheld; applicant to pay respondent's costs thrown away by the amendment in a sum as agreed or assessed.
Legal Topics
['development Application Appeal' 'shop Top Housing Development' 'section 34 Conciliation Conference' 'clause 4.6 Variation Request' 'maximum Building Height Development Standard' 'costs Thrown Away by Amended Development Application']
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['development Application Appeal' 'shop Top Housing Development' 'section 34 Conciliation Conference' 'clause 4.6 Variation Request' 'maximum Building Height Development Standard' 'costs Thrown Away by Amended Development Application']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Refusal of Development Application No. Da449/2020/1 / After a Site Inspection and Commencement of a Contested Hearing, the Matter Proceeded by S 34 Conciliation Conference and the Parties Reached Agreement on Orders

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 the jurisdictional requirements for granting development consent under the Environmental Planning and Assessment Act 1979 and applicable environmental planning instruments were satisfied' "Whether the applicant's written request under cl 4.6 of the Woollahra Local Environmental Plan 2014 justified contravention of the maximum height of buildings development standard in cl 4.3" 'Whether the proposed development should be approved subject to conditions']

Ratio Decidendi

Because the applicable jurisdictional requirements were satisfied, the cl 4.6 written request adequately justified the height contravention, the proposed development was consistent with the relevant development standard and zone objectives and the s 4.15(1) matters had been considered, the parties' agreed decision to uphold the appeal and grant consent subject to conditions was one the Court could have made in the proper exercise of its functions. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development application approved subject to conditions; cl 4.6 written request upheld; applicant to pay respondent's costs thrown away by the amendment in a sum as agreed or assessed.

Orders

  • ["The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in a sum as agreed or assessed." "The Applicant's amended written request under clause 4.6 of the Woollahra Local...