SRH Architecture Pty Ltd v City of Canada Bay Council [2025] NSWLEC 1087

SRH Architecture Pty Ltd v City of Canada Bay Council [2025] NSWLEC 1087

The Court is satisfied that the jurisdictional and statutory prerequisites for granting development consent to the amended application, including variations from prescribed development standards and necessary referrals, have been met, and that the parties' agreement is a decision the Court could make in the proper exercise of its functions. Accordingly, the appeal is upheld and development consent granted subject to agreed conditions.

Parties
Applicant: SRH Architecture Pty Ltd; Respondent: City of Canada Bay Council
Jurisdiction
Australia
Judgment Date
18 February 2025
Procedural Posture
Development Appeal (class 1) / Judgment Following Conciliation Conference and Party Agreement
Outcome
Appeal upheld; development consent granted; Applicant ordered to pay Respondent's costs of amendment.
Legal Topics
Development Application, Residential Flat Building, Development Consent, Appeal, Conciliation Conference, Local Environmental Plans, State Environmental Planning Policies
Planning and Environment Law Development Application Residential Flat Building Development Consent Appeal Conciliation Conference Local Environmental Plans State Environmental Planning Policies

Case Brief

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Parties

SRH Architecture Pty Ltd

Applicant

City of Canada Bay Council

Respondent

Procedural Posture

Development Appeal (class 1) / Judgment Following Conciliation Conference and Party Agreement

Legal Issues

  1. 1 Whether jurisdictional prerequisites for development consent are met
  2. 2 Whether requested variations to development standards (building height, FSR, apartment mix) are justified
  3. 3 Whether conditions for granting consent pursuant to relevant statutes and planning instruments are satisfied

Ratio Decidendi

The Court is satisfied that the jurisdictional and statutory prerequisites for granting development consent to the amended application, including variations from prescribed development standards and necessary referrals, have been met, and that the parties' agreement is a decision the Court could make in the proper exercise of its functions. Accordingly, the appeal is upheld and development consent granted subject to agreed conditions.

Court Disposition

Appeal upheld; development consent granted; Applicant ordered to pay Respondent's costs of amendment.

Orders

  • The Applicant is to pay the Respondent's costs thrown away by reason of the amendment of Development Application No DA2023/0276 (PAN-392711) pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed sum of $8,000.00. Payment is to be made within 28 days of the date of these orders.
  • The appeal is upheld.