Jovicic v Lake Macquarie City Council [2019] NSWLEC 1589

Jovicic v Lake Macquarie City Council [2019] NSWLEC 1589

The appeal is upheld and development consent granted as the requirements for a height variation under cl 4.6 of the LMLEP are satisfied; the proposed development is consistent with the objectives of the zone and development standards, does not result in unacceptable impacts, and the agreement reached is a decision the Court could have made.

Parties
Applicant: Michael Jovicic; Respondent: Lake Macquarie City Council
Jurisdiction
Australia
Judgment Date
03 December 2019
Procedural Posture
Class 1 Appeal / Post Conciliation Conference Determination
Outcome
Appeal upheld. Development application approved with conditions.
Legal Topics
Development Application, Height Non Compliance, Clause 4.6 Variation, Conciliation Conference
Planning and Environment Law Development Application Height Non Compliance Clause 4.6 Variation Conciliation Conference

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Parties

Michael Jovicic

Applicant

Lake Macquarie City Council

Respondent

Procedural Posture

Class 1 Appeal / Post Conciliation Conference Determination

Legal Issues

  1. 1 Whether the Court should grant development consent for a dwelling exceeding the height standard under the Lake Macquarie Local Environmental Plan 2014 (LMLEP)
  2. 2 Whether the requirements for a variation under cl 4.6 of the LMLEP are satisfied

Ratio Decidendi

The appeal is upheld and development consent granted as the requirements for a height variation under cl 4.6 of the LMLEP are satisfied; the proposed development is consistent with the objectives of the zone and development standards, does not result in unacceptable impacts, and the agreement reached is a decision the Court could have made.

Court Disposition

Appeal upheld. Development application approved with conditions.

Orders

  • The applicant is granted leave to amend development application number DA-547/2018 and rely upon specified amended plans and documents.
  • The applicant's request pursuant to Clause 4.6 of the Lake Macquarie Local Environmental Plan 2014 in relation to the height of buildings development standard at Clause 4.3, prepared by Piper Planning dated 19 November 2019, is upheld.