Parkson C Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1381

Parkson C Pty Ltd v Woollahra Municipal Council [2024] NSWLEC 1381

Because the amended Development Application was owner-authorised, permissible with consent, consistent with relevant zone objectives, addressed public submissions and applicable planning controls, was supported by an adequate cl 4.6 written request for the height variation, and was subject to agreed conditions...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
04 July 2024
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da13/2023/1 / Orders Made Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted to Development Application DA13/2023/1 as amended, subject to conditions; cl 4.6 written request upheld; Applicant ordered to pay agreed thrown-away costs.
Legal Topics
['shop Top Housing Development' 'clause 4.6 Written Request' 'height of Buildings Development Standard' 'deemed Refusal Appeal' 'conciliation Agreement' 'site Contamination' 'basix' 'demolition']
['planning and Environment' 'development Consent' 'land and Environment Court Procedure'] ['shop Top Housing Development' 'clause 4.6 Written Request' 'height of Buildings Development Standard' 'deemed Refusal Appeal' 'conciliation Agreement' 'site Contamination' 'basix' 'demolition']

Source-derived case record

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application Da13/2023/1 / Orders Made Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the amended Development Application satisfied the jurisdictional prerequisites for grant of consent under the Environmental Planning and Assessment Act 1979.' "Whether the Applicant's cl 4.6 written request adequately justified variation of the height of buildings development standard in cl 4.3 of the Woollahra Local Environmental Plan 2014." 'Whether the amended Development Application adequately addressed public submissions, planning controls, heritage, flood planning, acid sulfate soils, earthworks, contamination and BASIX requirements.']

Ratio Decidendi

Because the amended Development Application was owner-authorised, permissible with consent, consistent with relevant zone objectives, addressed public submissions and applicable planning controls, was supported by an adequate cl 4.6 written request for the height variation, and was subject to agreed conditions resolving the Respondent's contentions, the parties' agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979. The appeal was therefore upheld and consent granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted to Development Application DA13/2023/1 as amended, subject to conditions; cl 4.6 written request upheld; Applicant ordered to pay agreed thrown-away costs.

Orders

  • ['Leave is granted to the Applicant to amend Development Application 13/2023/1 and rely upon the amended plans and documents referred to in Condition A.3 at Annexure A.' "Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a...