MHN Design Union Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1024

MHN Design Union Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1024

The agreed decision was one the Court could have made in the proper exercise of its functions because the notified application, submissions, contamination, design quality, development standards, earthworks and the Applicant's cl 4.6 written request had been considered; the Commissioner was satisfied that the cl 4.6...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 January 2020
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. Da513/2017/1 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld and development consent granted subject to conditions; Applicant ordered to pay $3,000 costs thrown away within 28 days.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'clause 4.6 Written Request' 'minimum Lot Size Development Standard' 'residential Flat Building' 'costs Thrown Away by Amended Development Application']
['environmental Planning and Development' 'land and Environment Court Proceedings'] ['development Application Appeal' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'clause 4.6 Written Request' 'minimum Lot Size Development Standard' 'residential Flat Building' 'costs Thrown Away by Amended Development Application']

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. Da513/2017/1 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one 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 development consent should be granted to DA-513/2017/1 for demolition of the existing dwelling house and construction of a residential flat building comprising 6 units over 3 levels including basement parking and strata subdivision.' "Whether the Applicant's written request under cl 4.6 of the Woollahra Local Environmental Plan 2014 justified contravention of the minimum lot size for residential flat buildings development standard in cl 4.1A."]

Ratio Decidendi

The agreed decision was one the Court could have made in the proper exercise of its functions because the notified application, submissions, contamination, design quality, development standards, earthworks and the Applicant's cl 4.6 written request had been considered; the Commissioner was satisfied that the cl 4.6 requirements were met and that there was power to grant development consent notwithstanding breach of the minimum lot size standard. 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' agreement.

Court Disposition

Appeal upheld and development consent granted subject to conditions; Applicant ordered to pay $3,000 costs thrown away within 28 days.

Orders

  • ['Leave is granted for the Applicant to rely on the amended plans and documents referred to in condition A.3 of the conditions of consent at Annexure "A".' 'Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that were thrown away...