Chapman v Woollahra Municipal Council [2018] NSWLEC 1592

Chapman v Woollahra Municipal Council [2018] NSWLEC 1592

Agreement under s 34(3) Land and Environment Court Act 1979 provides that the proceedings are disposed of as per the parties' agreement, as it is a decision the Court can make properly. All relevant legislative and planning requirements for consent have been satisfied in this instance.

Parties
Applicant: Richard Chapman; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
14 November 2018
Procedural Posture
Development Application Appeal / Disposition Following Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Application, Conciliation Conference, Consent Orders
Planning and Environment Law Development Application Conciliation Conference Consent Orders

Case Brief

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Parties

Richard Chapman

Applicant

Woollahra Municipal Council

Respondent

Procedural Posture

Development Application Appeal / Disposition Following Conciliation Conference

Legal Issues

  1. 1 Whether the applicant is entitled to approval of development application DA2018/57/1 for demolition, erection of dual occupancies, parking and a pool
  2. 2 Whether conditions for consent under relevant planning instruments have been met

Ratio Decidendi

Agreement under s 34(3) Land and Environment Court Act 1979 provides that the proceedings are disposed of as per the parties' agreement, as it is a decision the Court can make properly. All relevant legislative and planning requirements for consent have been satisfied in this instance.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • The Applicant is granted leave to rely upon the amended plans and documents listed in condition A.2 of Annexure "A".
  • The Applicant is to pay the Respondent's costs, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed.