Loe v Northern Beaches Council [2020] NSWLEC 1505

Loe v Northern Beaches Council [2020] NSWLEC 1505

Because the parties advised, and the Commissioner was satisfied, that the relevant jurisdictional prerequisites had been met and that the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with that agreement by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
22 October 2020
Procedural Posture
Class 1 Appeal Against Refusal of Development Application Da2019/1175 / Conciliation Conference; Parties Reached Agreement and the Court Made Orders Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted to DA2019/1175 subject to conditions in Annexure A.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'agreement Between Parties' 'building Height Development Standard Variation' 'basix Certificate' 'remediation of Land' 'residential Development']
['planning and Environment Law' 'development Consent'] ['development Application Appeal' 'conciliation Conference' 'agreement Between Parties' 'building Height Development Standard Variation' 'basix Certificate' 'remediation of Land' 'residential Development']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application Da2019/1175 / Conciliation Conference; Parties Reached Agreement and the Court Made Orders Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether jurisdictional prerequisites for granting development consent were satisfied.' 'Whether the written request to vary the height of buildings development standard under cl 4.6 of Warringah Local Environmental Plan 2011 was well founded.' "Whether the parties' agreed decision 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."]

Ratio Decidendi

Because the parties advised, and the Commissioner was satisfied, that the relevant jurisdictional prerequisites had been met and that the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with that agreement by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted to DA2019/1175 subject to conditions in Annexure A.

Orders

  • ["Leave is granted to the Applicant to amend the Applicant's name in the proceedings to Justin Loe." 'Leave is granted to the Applicant to rely on specified architectural plans prepared by StudioJLA Architecture & Interiors dated 20 August 2020.' 'Leave is granted to the Applicant to rely on specified architectural...