Moshav Development Bondi Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1179

Moshav Development Bondi Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1179

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that granting consent to the amended development applications subject to conditions was a decision the Court could make in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement by upholding the appeals and approving the applications subject to conditions.

Jurisdiction
Australia
Judgment Date
16 April 2021
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Applications / Section 34 AA Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeals upheld and development applications approved subject to conditions.
Legal Topics
['development Applications' 'dwelling Houses and Dual Occupancy Development' 'view Loss' 'view Sharing' 'conciliation Conference' 'agreement Between the Parties' 'development Consent Conditions']
['planning and Environment Law'] ['development Applications' 'dwelling Houses and Dual Occupancy Development' 'view Loss' 'view Sharing' 'conciliation Conference' 'agreement Between the Parties' 'development Consent Conditions']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Applications / Section 34 AA Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement to uphold the appeals and grant development consent subject to conditions." 'Whether the amended development applications addressed contentions concerning bulk, scale, amenity, landscaping and view loss.' 'Whether the proposed dwelling houses and dual occupancy development were permissible and compliant with relevant planning controls.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that granting consent to the amended development applications subject to conditions was a decision the Court could make in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement by upholding the appeals and approving the applications subject to conditions.

Court Disposition

Appeals upheld and development applications approved subject to conditions.

Orders

  • ['Proceedings No 2020/266979 (Lot A): The appeal is upheld.' 'Proceedings No 2020/266979 (Lot A): Development Application D/108/2020, as amended, for the construction of a residential dwelling including basement garage, swimming pool and associated landscaping and site works at proposed Lot A, approved under...