Heaton v Mosman Municipal Council [2024] NSWLEC 1309

Heaton v Mosman Municipal Council [2024] NSWLEC 1309

As all statutory and jurisdictional prerequisites for granting consent have been satisfied and the parties have agreed at conciliation, development consent for the change of use from office to residential and associated works must be granted, the appeal upheld, and costs awarded as agreed.

Jurisdiction
Australia
Judgment Date
11 June 2024
Procedural Posture
Development Appeal (class 1) / Conciliation Conference; Final Orders
Outcome
Appeal upheld. Development consent granted as amended. Costs ordered against the Applicant.
Legal Topics
['development Appeal' 'change of Use' 'heritage Conservation' 'building Code Compliance' 'conciliation Conference']
['planning and Environment Law'] ['development Appeal' 'change of Use' 'heritage Conservation' 'building Code Compliance' 'conciliation Conference']

Case Brief

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Procedural Posture

Development Appeal (class 1) / Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether the amended development application should be granted consent for change of use from office to residential apartment and approval of internal non-loadbearing walls and minor works.' 'Whether all legislative and jurisdictional prerequisites for consent have been satisfied, including consideration of fire safety, owner’s consent, site contamination, floor space ratio, and heritage conservation.']

Ratio Decidendi

As all statutory and jurisdictional prerequisites for granting consent have been satisfied and the parties have agreed at conciliation, development consent for the change of use from office to residential and associated works must be granted, the appeal upheld, and costs awarded as agreed.

Court Disposition

Appeal upheld. Development consent granted as amended. Costs ordered against the Applicant.

Orders

  • ['The appeal is upheld.' "Development Application No. 8.2023.161.1 as amended is granted consent subject to conditions set out in Annexure 'A'." "The Applicant is to pay the Respondent's costs pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $8,000 within 14 days."]