Pertama Development Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 1581

Pertama Development Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 1581

Consent granted to the amended development application as the statutory preconditions were satisfied, the variation sought to the two-storey control under SEPP-SH was justified under cl 4.6 of the LEP, and the proposal was consistent with planning objectives and did not adversely affect the streetscape or neighbouring amenity.

Jurisdiction
Australia
Judgment Date
20 November 2018
Procedural Posture
Appeal / Disposition Following Conciliation Conference
Outcome
Appeal upheld; development consent granted with conditions
Legal Topics
['development Application' 'sepp Sh' 'variation of Planning Standards' 'seniors Housing' 'conciliation Conference']
['planning and Environment'] ['development Application' 'sepp Sh' 'variation of Planning Standards' 'seniors Housing' 'conciliation Conference']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Disposition Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the amended development application satisfies all relevant statutory standards and planning controls, including variations sought to building height/storey controls under SEPP-SH and the LEP' 'Whether the Court should grant consent to the development with the proposed variations']

Ratio Decidendi

Consent granted to the amended development application as the statutory preconditions were satisfied, the variation sought to the two-storey control under SEPP-SH was justified under cl 4.6 of the LEP, and the proposal was consistent with planning objectives and did not adversely affect the streetscape or neighbouring amenity.

Court Disposition

Appeal upheld; development consent granted with conditions

Orders

  • ['Leave is granted to the Applicant to rely on the amended architectural and drainage plans set out in condition A.3 of Annexure A.' "The Applicant is to pay the Respondent's costs thrown away as a result of amending the application for development consent, in accordance with section 8.15(3) of the Environmental...