Rowe v Northern Beaches Council [2020] NSWLEC 1430

Rowe v Northern Beaches Council [2020] NSWLEC 1430

The Court was satisfied that the jurisdictional prerequisites to granting consent had been addressed, that the clause 4.6 written request to vary the floor space ratio standard was well founded, and that the agreed decision was one the Court could have made in the proper exercise of its functions; therefore the proceedings were disposed of in accordance with the parties' agreement and the development application was approved subject to conditions.

Jurisdiction
Australia
Judgment Date
16 September 2020
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. Da2018/1930 / Mandatory Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979; Orders Made to Give Effect to the Parties' S 34 Agreement
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application Appeal' 'alterations and Additions to Dwelling House' 'change of Use to Attached Dual Occupancy' 'clause 4.6 Variation Request' 'floor Space Ratio Development Standard' 'conciliation Conference Agreement']
['planning and Environment Law' 'development Consent'] ['development Application Appeal' 'alterations and Additions to Dwelling House' 'change of Use to Attached Dual Occupancy' 'clause 4.6 Variation Request' 'floor Space Ratio Development Standard' 'conciliation Conference Agreement']

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. Da2018/1930 / Mandatory Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979; Orders Made to Give Effect to the Parties' S 34 Agreement

Legal Issues

  1. 1 ["Whether the parties' agreement was a decision 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 clause 4.6 written request justified contravention of the floor space ratio development standard in clause 4.4 of Manly Local Environmental Plan 2013.' 'Whether relevant environmental planning instruments and jurisdictional prerequisites to the grant of development consent were satisfied.']

Ratio Decidendi

The Court was satisfied that the jurisdictional prerequisites to granting consent had been addressed, that the clause 4.6 written request to vary the floor space ratio standard was well founded, and that the agreed decision was one the Court could have made in the proper exercise of its functions; therefore the proceedings were disposed of in accordance with the parties' agreement and the development application was approved subject to conditions.

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 and landscape plans referred to in condition 1 of Annexure A.' 'The clause 4.6 written request to vary the floor space ratio development standard set out in clause 4.4 of Manly Local Environmental Plan...