Adams v Northern Beaches Council [2023] NSWLEC 1705

Adams v Northern Beaches Council [2023] NSWLEC 1705

As the parties' agreement to grant consent to the amended development application, including upholding the clause 4.6 variation request to exceed the floor space ratio, is within the Court's jurisdiction and the statutory requirements have been satisfied, the Court is bound by s 34(3) of the Land and Environment Court Act 1979 to make the orders as agreed.

Parties
Applicant: Matthew Adams; Respondent: Northern Beaches Council
Jurisdiction
Australia
Judgment Date
23 November 2023
Procedural Posture
Development Appeal (class 1) / Post Conciliation Conference; Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's thrown away costs due to amendment; clause 4.6 variation request upheld.
Legal Topics
Development Application, Consent, Floor Space Ratio, Local Environmental Plan, Clause 4.6 Variation, Public Interest, Conditions of Consent
Planning and Environment Development Application Consent Floor Space Ratio Local Environmental Plan Clause 4.6 Variation Public Interest Conditions of Consent

Case Brief

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Parties

Matthew Adams

Applicant

Northern Beaches Council

Respondent

Procedural Posture

Development Appeal (class 1) / Post Conciliation Conference; Final Orders

Legal Issues

  1. 1 Whether development consent should be granted to amended development application for alterations and additions to existing semi-detached dwelling
  2. 2 Whether clause 4.6 variation to floor space ratio standard should be upheld

Ratio Decidendi

As the parties' agreement to grant consent to the amended development application, including upholding the clause 4.6 variation request to exceed the floor space ratio, is within the Court's jurisdiction and the statutory requirements have been satisfied, the Court is bound by s 34(3) of the Land and Environment Court Act 1979 to make the orders as agreed.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's thrown away costs due to amendment; clause 4.6 variation request upheld.

Orders

  • The applicant is to pay the costs of the respondent thrown away as a result of the Court allowing the applicant to file the Amended Development Application as agreed or assessed.
  • The updated clause 4.6 variation request (Manly Local Environmental Plan 2013, cl 4.4) is upheld.