Davies v Northern Beaches Council [2019] NSWLEC 1637

Davies v Northern Beaches Council [2019] NSWLEC 1637

The parties' agreed outcome was one the Court could make because the amended plans, supporting documents and agreed conditions satisfied the relevant planning controls and jurisdictional prerequisites, including s 4.15(1) of the Environmental Planning and Assessment Act 1979, SEPP Coastal, SEPP BASIX and the Pittwater Local Environmental Plan 2014, and there were no unacceptable amenity, character, coastal or bushfire impacts. 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 the parties' decision.

Jurisdiction
Australia
Judgment Date
24 December 2019
Procedural Posture
Class 1 Appeal Against a Deemed Refusal of Development Application DA 2019/0309 / Conciliation Conference Under S 34 Aa(2)(a) of the Land and Environment Court Act 1979; Parties Reached Agreement and Orders Were Made
Outcome
Appeal upheld; Development Application DA 2019/0309 approved subject to conditions at Annexure A.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'residential Dwelling' 'view Loss' 'coastal Management' 'building Height' 'character' 'conciliation Agreement' 'development Consent Conditions']
['planning and Environment Law'] ['development Application' 'deemed Refusal Appeal' 'residential Dwelling' 'view Loss' 'coastal Management' 'building Height' 'character' 'conciliation Agreement' 'development Consent Conditions']

Case Brief

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Procedural Posture

Class 1 Appeal Against a Deemed Refusal of Development Application DA 2019/0309 / Conciliation Conference Under S 34 Aa(2)(a) of the Land and Environment Court Act 1979; Parties Reached Agreement and Orders Were Made

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application DA 2019/0309 satisfied the relevant jurisdictional prerequisites and planning controls, including SEPP Coastal, SEPP BASIX, Pittwater Local Environmental Plan 2014 and Pittwater 21 Development Control Plan 2014.' 'Whether the proposed development caused unacceptable impacts concerning view loss, overshadowing, privacy, visual bulk, character, coastal impact or bushfire matters.' 'Whether the proposed building height of 9.665m could be accepted under cl 4.3(2D) of the Pittwater Local Environmental Plan 2014 without a cl 4.6 written request.']

Ratio Decidendi

The parties' agreed outcome was one the Court could make because the amended plans, supporting documents and agreed conditions satisfied the relevant planning controls and jurisdictional prerequisites, including s 4.15(1) of the Environmental Planning and Assessment Act 1979, SEPP Coastal, SEPP BASIX and the Pittwater Local Environmental Plan 2014, and there were no unacceptable amenity, character, coastal or bushfire impacts. 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 the parties' decision.

Court Disposition

Appeal upheld; Development Application DA 2019/0309 approved subject to conditions at Annexure A.

Orders

  • ['The Applicant is granted leave to rely on the amended plans and supplementary material listed in order 1.' 'The appeal is upheld.' 'Development Application DA 2019/0309 for demolition of existing dwelling and carpark structures and construction of a new dwelling house, two car garage, swimming pool, associated...