SF Ultimate Investment Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1049

SF Ultimate Investment Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1049

The Court was satisfied that the agreed approval of the amended development application was a decision it could have made in the proper exercise of its functions because the cl 4.6 requests adequately justified the height and FSR contraventions, the development was consistent with relevant objectives and the public...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
04 February 2022
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Following Refusal of Development Application DA 452/2020 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Orders Made by Agreement
Outcome
Appeal upheld; Development Application No. DA452/2020 approved subject to conditions.
Legal Topics
['development Application' 'shop Top Housing Development' 'residential Apartment Development' 'clause 4.6 Variation Requests' 'height Development Standard' 'floor Space Ratio Development Standard' 'conciliation Agreement' 'sepp 65' 'basix' 'remediation of Land' 'infrastructure SEPP Acoustic Requirements']
['environmental Planning and Development' 'land and Environment Court Procedure'] ['development Application' 'shop Top Housing Development' 'residential Apartment Development' 'clause 4.6 Variation Requests' 'height Development Standard' 'floor Space Ratio Development Standard' 'conciliation Agreement' 'sepp 65' 'basix' 'remediation of Land' 'infrastructure SEPP Acoustic Requirements']

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Following Refusal of Development Application DA 452/2020 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Orders Made by Agreement

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." "Whether the Applicant's written requests under cl 4.6 of the Woollahra Local Environmental Plan 2014 justified contraventions of the height and floor space ratio development standards." 'Whether the proposed development was consistent with the objectives of the B2 Local Centre zone and the relevant height and floor space ratio objectives.' 'Whether applicable environmental planning instruments and controls, including SEPP 65, the Infrastructure SEPP, SEPP No 55, BASIX requirements and provisions of the Woollahra Local Environmental Plan 2014, were satisfied.']

Ratio Decidendi

The Court was satisfied that the agreed approval of the amended development application was a decision it could have made in the proper exercise of its functions because the cl 4.6 requests adequately justified the height and FSR contraventions, the development was consistent with relevant objectives and the public interest, and the applicable environmental planning instruments and matters raised by the Court were addressed by the evidence and agreed conditions.

Court Disposition

Appeal upheld; Development Application No. DA452/2020 approved subject to conditions.

Orders

  • ['The Court, exercising under s 39(2) of the Land and Environment Court Act 1979 the function of Woollahra Municipal Council as the relevant consent authority under cl 55(1) of the Environmental Planning and Assessment Regulation 2000, agrees to the Applicant amending Development Application DA 452/2020 in...