Williamson v Northern Beaches Council [2019] NSWLEC 1298

Williamson v Northern Beaches Council [2019] NSWLEC 1298

Because the amended development was permissible in the B4 Mixed Use zone, satisfied the relevant jurisdictional requirements, the cl 4.6 request adequately justified the height variation, and 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 the agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
28 June 2019
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application No Da2018/1293 / Orders Following Conciliation Conference and Agreement Between the Parties Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application DA2018/1293 approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'boarding House' 'variation of Building Height Development Standard' 'affordable Rental Housing' 'remediation of Land' 'traffic and Parking' 'basix']
['environmental Planning and Development' 'land and Environment Court Proceedings'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'boarding House' 'variation of Building Height Development Standard' 'affordable Rental Housing' 'remediation of Land' 'traffic and Parking' 'basix']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application No Da2018/1293 / Orders Following Conciliation Conference and Agreement Between the Parties Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court could approve amended Development Application No DA2018/1293 for alterations and additions to an existing commercial building and use as a boarding house.' 'Whether the written request under cl 4.6 of the Warringah Local Environmental Plan 2011 justified contravention of the maximum building height development standard in cl 4.3.' "Whether the relevant jurisdictional prerequisites, including permissibility in the B4 Mixed Use zone and relevant State environmental planning policies, were satisfied so that the Court could make orders in accordance with the parties' agreement."]

Ratio Decidendi

Because the amended development was permissible in the B4 Mixed Use zone, satisfied the relevant jurisdictional requirements, the cl 4.6 request adequately justified the height variation, and 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 the agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application DA2018/1293 approved subject to conditions in Annexure A.

Orders

  • ['The Applicant is given leave to amend the development application and rely upon the following plans in the proceedings referred to at condition 1 in 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...