Sloman v North Sydney Council [2024] NSWLEC 1025

Sloman v North Sydney Council [2024] NSWLEC 1025

The Court was satisfied that the cl 4.6 written request justified the minor height contravention, that the development was permissible and consistent with applicable planning controls, and that relevant matters including notification, heritage, earthworks, contamination, BASIX, vegetation and Sydney Harbour Catchment provisions had been adequately addressed. The parties' agreed decision was therefore one the Court could have made in the proper exercise of its functions, requiring the proceedings to be disposed of in accordance with that agreement under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
30 January 2024
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da188/2022 / Orders Following Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'alterations and Additions to Dwelling House' 'clause 4.6 Variation Request' 'height of Buildings Development Standard' 'conciliation Conference' 'heritage Conservation Area' 'contamination' 'basix' 'vegetation in Non Rural Areas' 'sydney Harbour Catchment']
['planning and Environment' 'development Consent'] ['development Application' 'alterations and Additions to Dwelling House' 'clause 4.6 Variation Request' 'height of Buildings Development Standard' 'conciliation Conference' 'heritage Conservation Area' 'contamination' 'basix' 'vegetation in Non Rural Areas' 'sydney Harbour Catchment']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application Da188/2022 / Orders Following Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." "Whether the Applicants' written request under cl 4.6 of the North Sydney Local Environmental Plan 2012 justified contravention of the height of buildings development standard in cl 4.3." 'Whether jurisdictional prerequisites for granting consent to DA188/2022 as amended were satisfied.']

Ratio Decidendi

The Court was satisfied that the cl 4.6 written request justified the minor height contravention, that the development was permissible and consistent with applicable planning controls, and that relevant matters including notification, heritage, earthworks, contamination, BASIX, vegetation and Sydney Harbour Catchment provisions had been adequately addressed. The parties' agreed decision was therefore one the Court could have made in the proper exercise of its functions, requiring the proceedings to be disposed of in accordance with that agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ["The Applicants' written request under cl 4.6 of the North Sydney Local Environmental Plan 2013, prepared by Watermark Planning dated June 2023 seeking a variation of the development standard for height under cl 4.3 of the NSLEP, is upheld." 'The appeal is upheld.' 'Development application DA188/2022 (as amended)...