Batchelor v Mosman Municipal Council [2022] NSWLEC 1582

Batchelor v Mosman Municipal Council [2022] NSWLEC 1582

Because the amended proposal, the revised cl 4.6 written request and the agreed conditions satisfied the relevant statutory preconditions, and because 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 Court to dispose of the proceedings in accordance with that agreement by upholding the cl 4.6 request, upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
25 October 2022
Procedural Posture
Class 1 Appeal Concerning a Development Application for Alterations and Additions to an Existing Dwelling House / Conciliation Conference Under Ss 34 and 34 Aa(2) of the Land and Environment Court Act 1979; Agreement Reached and Orders Made
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'clause 4.6 Variation Request' 'wall Height Development Standard' 'residential Alterations and Additions' 'heritage Conservation Area' 'contamination Consideration']
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['development Application Appeal' 'conciliation Conference' 'clause 4.6 Variation Request' 'wall Height Development Standard' 'residential Alterations and Additions' 'heritage Conservation Area' 'contamination Consideration']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a Development Application for Alterations and Additions to an Existing Dwelling House / Conciliation Conference Under Ss 34 and 34 Aa(2) of the Land and Environment Court Act 1979; Agreement Reached and Orders Made

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 revised cl 4.6 written request adequately justified contravention of the maximum wall height development standard in cl 4.3A of the Mosman Local Environmental Plan 2012' 'Whether development consent could be granted for the amended development application subject to conditions' 'Whether the statutory preconditions under the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, Mosman Local Environmental Plan 2012 and State Environmental Planning Policy (Resilience and Hazards) 2021 were satisfied']

Ratio Decidendi

Because the amended proposal, the revised cl 4.6 written request and the agreed conditions satisfied the relevant statutory preconditions, and because 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 Court to dispose of the proceedings in accordance with that agreement by upholding the cl 4.6 request, upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The revised cl 4.6 written request prepared by Andrew Minto of Minto Planning Services dated 7 October 2022 for a variation to the maximum wall height development standard in cl 4.3A of the Mosman Local Environmental Plan 2012 is upheld.' 'The appeal is upheld.' "Development consent is granted to Development...