Brovedani v Mosman Municipal Council [2021] NSWLEC 1505

Brovedani v Mosman Municipal Council [2021] NSWLEC 1505

The Court was satisfied that the parties' agreed decision was one it could make in the proper exercise of its functions because the amended development application met relevant procedural and planning requirements, the cl 4.6 requests justified variations to height, wall height and FSR controls, the proposal was permissible with consent in the R2 Low Density Residential zone and consistent with applicable objectives, and no jurisdictional impediment to making the orders was identified. The proceedings were therefore disposed of in accordance with the parties' agreement by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
22 September 2021
Procedural Posture
Class 1 Development Application Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Number 8.2020.83.1 / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions in Annexure A.
Legal Topics
['development Application Appeal' 'alterations and Additions to Existing Dwelling' 'conciliation Conference' 'amended Plans' 'clause 4.6 Development Standard Variations' 'height Control' 'wall Height Control' 'floor Space Ratio Control' 'bushfire Prone Land' 'basix' 'remediation of Land']
['planning and Environment Law' 'development Consent'] ['development Application Appeal' 'alterations and Additions to Existing Dwelling' 'conciliation Conference' 'amended Plans' 'clause 4.6 Development Standard Variations' 'height Control' 'wall Height Control' 'floor Space Ratio Control' 'bushfire Prone Land' 'basix' 'remediation of Land']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Number 8.2020.83.1 / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could approve the amended development application for alterations and additions to the existing dwelling by consent orders following the parties' agreement." 'Whether consent could be granted notwithstanding proposed variations to the height, wall height and floor space ratio development standards under Mosman Local Environmental Plan 2012.' 'Whether relevant statutory and planning requirements, including owner consent, BASIX, contamination, Sydney Harbour Catchment, zoning, bushfire and notification considerations, were satisfied.']

Ratio Decidendi

The Court was satisfied that the parties' agreed decision was one it could make in the proper exercise of its functions because the amended development application met relevant procedural and planning requirements, the cl 4.6 requests justified variations to height, wall height and FSR controls, the proposal was permissible with consent in the R2 Low Density Residential zone and consistent with applicable objectives, and no jurisdictional impediment to making the orders was identified. The proceedings were therefore disposed of in accordance with the parties' agreement by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to Development Application Number 8.2020.83.1 lodged with the Respondent on 4 June 2020 for alterations and additions to the existing dwelling comprising lower ground floor extension at Lot 2 in Deposited Plan 316406, known as 7 Coronation Avenue, Mosman,...