Munro v Randwick City Council [2023] NSWLEC 1716

Munro v Randwick City Council [2023] NSWLEC 1716

Because the amended proposal was permissible with consent, complied with relevant height and floor space controls, adequately addressed notification submissions, earthworks, stormwater, foreshore scenic protection, contamination, BASIX and biodiversity/tree removal requirements, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) required the Court to dispose of the proceedings by upholding the appeal and granting consent subject to conditions.

Jurisdiction
Australia
Judgment Date
28 November 2023
Procedural Posture
Class 1 Appeal Against Actual Refusal of Development Application Da/123/2022 Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Decision Following S 34 AA Conciliation Conference Where the Parties Reached Agreement
Outcome
Appeal upheld; Development Application DA/123/2022 granted consent subject to conditions contained in Annexure A.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'dwelling House' 'demolition' 'grant of Consent Subject to Conditions']
['planning and Environment Law' 'development Consent'] ['development Application Appeal' 'conciliation Conference' 'dwelling House' 'demolition' 'grant of Consent Subject to Conditions']

Case Brief

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Procedural Posture

Class 1 Appeal Against Actual Refusal of Development Application Da/123/2022 Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Decision Following S 34 AA Conciliation Conference Where the Parties Reached Agreement

Legal Issues

  1. 1 ["Whether 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." 'Whether the jurisdictional prerequisites for granting consent to the amended development application were satisfied.']

Ratio Decidendi

Because the amended proposal was permissible with consent, complied with relevant height and floor space controls, adequately addressed notification submissions, earthworks, stormwater, foreshore scenic protection, contamination, BASIX and biodiversity/tree removal requirements, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) required the Court to dispose of the proceedings by upholding the appeal and granting consent subject to conditions.

Court Disposition

Appeal upheld; Development Application DA/123/2022 granted consent subject to conditions contained in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application DA/123/2022 for demolition of the existing dwelling, construction of a multi-storey dwelling including swimming pool, and associated landscaping and structures at 11 Mundarrah Street, Clovelly, is determined by a grant of consent subject to conditions contained in...