Coffey v Northern Beaches Council [2023] NSWLEC 1655

Coffey v Northern Beaches Council [2023] NSWLEC 1655

Because the parties reached agreement at the s 34AA conciliation conference, the amended proposal addressed the Council's contentions, the relevant jurisdictional prerequisites were satisfied, and there was no jurisdictional impediment to making the proposed orders, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' decision by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
07 November 2023
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Da2022/1351 / Orders Following S 34 AA Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted to DA-2022/1351, as amended, subject to conditions of consent in Annexure A.
Legal Topics
['development Appeal' 'demolition Works and Construction of Dwelling House' 'clause 4.6 Variation to Height of Buildings Development Standard' 'jurisdictional Prerequisites for Grant of Development Consent' 'conciliation Conference Agreement' 'heritage Impact' 'acid Sulfate Soils' 'earthworks' 'stormwater Management' 'landslide Risk' 'foreshore Scenic Protection Area' 'notification and Procedural Fairness']
['planning and Environment Law' 'development Consent' 'heritage Conservation'] ['development Appeal' 'demolition Works and Construction of Dwelling House' 'clause 4.6 Variation to Height of Buildings Development Standard' 'jurisdictional Prerequisites for Grant of Development Consent' 'conciliation Conference Agreement' 'heritage Impact' 'acid Sulfate Soils' 'earthworks' 'stormwater Management' 'landslide Risk' 'foreshore Scenic Protection Area' 'notification and Procedural Fairness']

Case Brief

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Da2022/1351 / Orders Following S 34 AA Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the Court could grant development consent to DA-2022/1351, as amended, for demolition works and construction of a new two-storey dwelling house with an attached garage.' 'Whether jurisdictional prerequisites under applicable environmental planning instruments and controls were satisfied.' 'Whether the cl 4.6 request to vary the height of buildings development standard under cl 4.3 of the Manly Local Environmental Plan 2013 should be upheld.' 'Whether the agreement reached at the conciliation conference was a decision the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached agreement at the s 34AA conciliation conference, the amended proposal addressed the Council's contentions, the relevant jurisdictional prerequisites were satisfied, and there was no jurisdictional impediment to making the proposed orders, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' decision by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted to DA-2022/1351, as amended, subject to conditions of consent in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to development application No DA-2022/1351, as amended, for demolition works and construction of a new two-storey dwelling house with an attached garage at 17 Woods Parade, Fairlight NSW 2094, being Lot 2 DP 5630, subject to the conditions of consent in...