Stoliar v Woollahra Municipal Council [2018] NSWLEC 1639

Stoliar v Woollahra Municipal Council [2018] NSWLEC 1639

Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, and because the Court was satisfied that the relevant jurisdictional prerequisites including the cl 4.6 request to vary the cl 4.1A minimum lot size standard were satisfied, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
10 December 2018
Procedural Posture
Class 1 Appeal Against Refusal of Development Application / Decision 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 costs thrown away.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'clause 4.6 Variation Request' 'minimum Lot Size Development Standard' 'residential Flat Building']
['environmental and Planning Law' 'development Consent' 'land and Environment Court Class 1 Jurisdiction'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'clause 4.6 Variation Request' 'minimum Lot Size Development Standard' 'residential Flat Building']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application / Decision Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreement 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 Applicant's written request under cl 4.6 of the Woollahra Local Environmental Plan 2014 to vary the minimum lot size standard in cl 4.1A was well founded."]

Ratio Decidendi

Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, and because the Court was satisfied that the relevant jurisdictional prerequisites including the cl 4.6 request to vary the cl 4.1A minimum lot size standard were satisfied, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with the parties' agreement.

Court Disposition

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

Orders

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