Heyworth v Northern Beaches Council [2024] NSWLEC 1081

Heyworth v Northern Beaches Council [2024] NSWLEC 1081

The amended development application satisfied the relevant jurisdictional prerequisites and applicable planning controls, including the requirements for a cl 4.6 variation to the building height development standard. Because the parties' agreed decision to uphold the appeal and grant development consent subject to conditions was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
28 February 2024
Procedural Posture
Class 1 Proceedings; Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 From the Deemed Refusal of Development Application Da2023/0607 / 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; Applicant ordered to pay Respondent's agreed costs thrown away.
Legal Topics
['development Application Appeal' 'deemed Refusal' 'torrens Title Subdivision' 'construction of Dwellings' 'conciliation Conference' 'building Height Development Standard Variation' 'coastal Risk' 'biodiversity' 'geotechnical Hazards' 'contamination']
['planning and Environment Law' 'land and Environment Court Proceedings'] ['development Application Appeal' 'deemed Refusal' 'torrens Title Subdivision' 'construction of Dwellings' 'conciliation Conference' 'building Height Development Standard Variation' 'coastal Risk' 'biodiversity' 'geotechnical Hazards' 'contamination']

Case Brief

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Procedural Posture

Class 1 Proceedings; Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 From the Deemed Refusal of Development Application Da2023/0607 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one 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 the jurisdictional prerequisites for granting development consent under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied' 'Whether the written request under cl 4.6 of the Pittwater Local Environmental Plan 2014 justified contravention of the building height development standard' 'Whether the proposed development adequately addressed applicable planning controls concerning lot size, earthworks, coastal risk, biodiversity, geotechnical hazards, foreshore building line, coastal environment, contamination, tree removal and BASIX requirements']

Ratio Decidendi

The amended development application satisfied the relevant jurisdictional prerequisites and applicable planning controls, including the requirements for a cl 4.6 variation to the building height development standard. Because the parties' agreed decision to uphold the appeal and grant development consent subject to conditions was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions; Applicant ordered to pay Respondent's agreed costs thrown away.

Orders

  • ["The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $1,000 within 28 days of these orders." 'The appeal is upheld.' "Development Application DA-2023/0607 for Torrens Title subdivision of two lots into three,...