Pavillion Residences No 3 Pty Limited v Northern Beaches Council [2020] NSWLEC 1302

Pavillion Residences No 3 Pty Limited v Northern Beaches Council [2020] NSWLEC 1302

The Court was satisfied that the parties' agreed decision to uphold the appeal and grant consent to the amended development, subject to conditions, was a decision the Court could make in the proper exercise of its functions because the relevant statutory requirements and planning controls had been addressed, the cl 4.6 requests justified the breaches of the height and gross floor area development standards, and no jurisdictional impediment was identified.

Jurisdiction
Australia
Judgment Date
22 July 2020
Procedural Posture
Class 1 Appeal Against Refusal of a Development Application / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'shop Top Housing' 'conciliation Conference' 'amended Plans' 'clause 4.6 Variation Request' 'development Consent']
['planning and Environment Law'] ['development Application' 'shop Top Housing' 'conciliation Conference' 'amended Plans' 'clause 4.6 Variation Request' 'development Consent']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of a Development Application / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether development consent could be granted for the amended shop top housing development notwithstanding breaches of the height of buildings development standard and gross floor area development standard in the Manly Local Environmental Plan 2013.' 'Whether relevant statutory preconditions and planning controls had been addressed, including contamination, SEPP 65, BASIX, infrastructure notice, zoning, earthworks, stormwater, foreshore and coastal impacts, active street frontage, essential services and design excellence.']

Ratio Decidendi

The Court was satisfied that the parties' agreed decision to uphold the appeal and grant consent to the amended development, subject to conditions, was a decision the Court could make in the proper exercise of its functions because the relevant statutory requirements and planning controls had been addressed, the cl 4.6 requests justified the breaches of the height and gross floor area development standards, and no jurisdictional impediment was identified.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to amend Development Application No. DA2018/1669 and to rely upon the amended plans and documents included at Annexure A.' "The Applicant's written request to vary the height of buildings development standard at clause 4.3(2) of the Manly Local Environmental Plan 2013, made pursuant...