Roumanous v Waverley Council [2019] NSWLEC 1323

Roumanous v Waverley Council [2019] NSWLEC 1323

Because the parties reached agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the amended development application satisfied the identified pre-jurisdictional requirements and that granting consent subject to conditions was a decision the Court could make in the proper exercise of its functions, the proceedings were disposed of in accordance with the agreed decision and the appeal was upheld.

Jurisdiction
Australia
Judgment Date
09 July 2019
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; Development Application DA-219/2018 approved subject to conditions at Annexure A; leave granted to rely on amended plans and to amend the development application.
Legal Topics
['development Application' 'development Consent' 'semi Detached Dwelling' 'conciliation Conference' 'deemed Refusal' 'agreement Between the Parties']
['planning and Environment Law'] ['development Application' 'development Consent' 'semi Detached Dwelling' 'conciliation Conference' 'deemed Refusal' 'agreement Between the Parties']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether leave should be granted to the Applicant to rely on amended plans and amend Development Application DA-219/2018.' 'Whether the Court could approve the amended development application by consent after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979.' 'Whether pre-jurisdictional requirements for the grant of development consent were satisfied.']

Ratio Decidendi

Because the parties reached agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the amended development application satisfied the identified pre-jurisdictional requirements and that granting consent subject to conditions was a decision the Court could make in the proper exercise of its functions, the proceedings were disposed of in accordance with the agreed decision and the appeal was upheld.

Court Disposition

Appeal upheld; Development Application DA-219/2018 approved subject to conditions at Annexure A; leave granted to rely on amended plans and to amend the development application.

Orders

  • ['Leave is granted to the Applicant to rely upon the amended plans listed in Condition 1(a) at Annexure \'A\', subject to Plan No. DA-03 Rev C dated 2 July 2019 being setback further from "4780mm first floor setback" to 5000mm.' 'Leave is granted to the Applicant to amend Development Application DA-219/2018 to seek...