Kew Bellevue Hill Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1431

Kew Bellevue Hill Pty Ltd v Woollahra Municipal Council [2023] NSWLEC 1431

The Court was satisfied that the jurisdictional prerequisites for granting consent were met because the development was permissible with consent in the R3 Medium Density Residential zone, met the zone objectives, complied with minimum lot size, building height and floor space ratio controls, satisfied relevant acid...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 August 2023
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 From Deemed Refusal of Development Application Da335/22 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld and development consent granted subject to conditions; Applicant ordered to pay Respondent's costs thrown away by amendment of the development application as agreed or assessed.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'residential Flat Building' 'conciliation Conference' 'jurisdictional Prerequisites' 'amended Development Application' 'costs Thrown Away']
['planning and Environment' 'development Consent' 'land and Environment Court Procedure' 'costs'] ['development Application' 'deemed Refusal Appeal' 'residential Flat Building' 'conciliation Conference' 'jurisdictional Prerequisites' 'amended Development Application' 'costs Thrown Away']

Source-derived case record

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 From Deemed Refusal of Development Application Da335/22 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision to uphold the appeal and grant development consent was one that 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 prerequisites for granting consent to development application DA335/22 under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied.' "Whether the Applicant should pay the Respondent's costs thrown away as a result of amendment of the application for development consent."]

Ratio Decidendi

The Court was satisfied that the jurisdictional prerequisites for granting consent were met because the development was permissible with consent in the R3 Medium Density Residential zone, met the zone objectives, complied with minimum lot size, building height and floor space ratio controls, satisfied relevant acid sulfate soils and earthworks considerations, was suitable in contamination terms, and had been adequately notified with objections considered. Accordingly, the parties' agreed decision was one the Court could have made in the proper exercise of its functions, so s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with that...

Court Disposition

Appeal upheld and development consent granted subject to conditions; Applicant ordered to pay Respondent's costs thrown away by amendment of the development application as agreed or assessed.

Orders

  • ['The Applicant is to pay those costs of the Respondent that have been thrown away as a result of the amendment of the application for development consent, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed.' 'The appeal is upheld.' 'Development application DA335/22...