Riddell Street Development Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1017

Riddell Street Development Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 1017

The appeal is upheld and development consent granted because the proposed development, after amendment, no longer contravenes any development standard, complies with sustainability and design policies, and parties have reached agreement as permitted by s 34(3) Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
16 January 2020
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted
Legal Topics
['development Application' 'demolition of Dwellings' 'construction of Residential Flat Building' 'conciliation Conference' 'development Consent']
['planning and Environment'] ['development Application' 'demolition of Dwellings' 'construction of Residential Flat Building' 'conciliation Conference' 'development Consent']

Case Brief

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Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent should be granted for demolition of two dwellings and construction of a residential flat building' 'Whether amended architectural and landscape plans should be relied upon' 'Compliance with relevant planning instruments and policies']

Ratio Decidendi

The appeal is upheld and development consent granted because the proposed development, after amendment, no longer contravenes any development standard, complies with sustainability and design policies, and parties have reached agreement as permitted by s 34(3) Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted

Orders

  • ['Leave is granted to the Applicant to rely on the amended architectural and landscape plans set out in condition A3 of Annexure A.' 'The appeal is upheld.' 'Development consent is granted to Development Application No. DA 487/2018 for the demolition of two existing dwellings and construction of a new residential...