Para-ere Holdings Pty Ltd v Northern Beaches Council [2024] NSWLEC 1138

Para-ere Holdings Pty Ltd v Northern Beaches Council [2024] NSWLEC 1138

Because the amended proposal was permissible with consent, the relevant jurisdictional preconditions and mandatory planning considerations were satisfied, the cl 4.6 written requests adequately addressed the height and FSR contraventions, and the proposal was in the public interest through consistency with the applicable development standard and zone objectives, the parties' agreement was a decision the Court could have made in the proper exercise of its functions and the appeal was upheld with development consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
28 March 2024
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application No. 2022/2256 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions; applicant ordered to pay respondent's costs.
Legal Topics
['development Application' 'mixed Use Development' 'conciliation Conference' 'deemed Refusal Appeal' 'clause 4.6 Variation Request' 'height of Buildings Development Standard' 'floor Space Ratio Development Standard' 'heritage Conservation Area' 'flood Planning' 'acid Sulfate Soils' 'stormwater Management' 'foreshore Scenic Protection Area']
['planning and Environment' 'development Consent' 'land Use Planning'] ['development Application' 'mixed Use Development' 'conciliation Conference' 'deemed Refusal Appeal' 'clause 4.6 Variation Request' 'height of Buildings Development Standard' 'floor Space Ratio Development Standard' 'heritage Conservation Area' 'flood Planning' 'acid Sulfate Soils' 'stormwater Management' 'foreshore Scenic Protection Area']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application No. 2022/2256 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreement was a decision that 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 development consent could be granted for the amended development application for demolition works and construction of a mixed use development with basement car parking.' "Whether the applicant's written requests adequately justified contraventions of the height of buildings and floor space ratio development standards under cl 4.6 of Manly Local Environmental Plan 2013." 'Whether the proposal was in the public interest because it was consistent with the objectives of the contravened development standards and the R3 Medium Density Residential zone.']

Ratio Decidendi

Because the amended proposal was permissible with consent, the relevant jurisdictional preconditions and mandatory planning considerations were satisfied, the cl 4.6 written requests adequately addressed the height and FSR contraventions, and the proposal was in the public interest through consistency with the applicable development standard and zone objectives, the parties' agreement was a decision the Court could have made in the proper exercise of its functions and the appeal was upheld with development consent granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant ordered to pay respondent's costs.

Orders

  • ["The applicant is to pay the respondent's costs in the sum of $4,000, under s.8.15(3) of the Environmental Planning and Assessment Act 1979, within 28 days of the date of these Orders." 'The appeal is upheld.' 'Development Application No. 2022/2256, as amended, for demolition works and construction of a mixed use...