Studio Make Made v Mosman Municipal Council [2019] NSWLEC 1023

Studio Make Made v Mosman Municipal Council [2019] NSWLEC 1023

The amended plans addressed the Respondent's contentions, the parties reached an agreement under s 34(3), the amended plans complied with relevant development standards, and no further contamination consideration was required under State Environmental Planning Policy No 55 – Remediation of Land. The Court was satisfied that the parties' decision was one it could have made in the proper exercise of its functions and therefore was required to dispose of the proceedings in accordance with that decision.

Jurisdiction
Australia
Judgment Date
22 January 2019
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders After Mandatory Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979 and Agreement Under S 34(3)
Outcome
Appeal upheld and development consent granted subject to conditions.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'agreement Between Parties' 'demolition and Construction of Dwelling' 'remediation of Land Considerations']
['planning and Environment Law' 'development Consent'] ['development Application Appeal' 'conciliation Conference' 'agreement Between Parties' 'demolition and Construction of Dwelling' 'remediation of Land Considerations']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders After Mandatory Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979 and Agreement Under S 34(3)

Legal Issues

  1. 1 ["Whether the parties' decision under s 34(3) of the Land and Environment Court Act 1979 was a decision that the Court could have made in the proper exercise of its functions." 'Whether any jurisdictional prerequisites applied before granting development consent under s 4.16 of the Environmental Planning and Assessment Act 1979.' 'Whether State Environmental Planning Policy No 55 – Remediation of Land required further consideration of contamination for the site.']

Ratio Decidendi

The amended plans addressed the Respondent's contentions, the parties reached an agreement under s 34(3), the amended plans complied with relevant development standards, and no further contamination consideration was required under State Environmental Planning Policy No 55 – Remediation of Land. The Court was satisfied that the parties' decision was one it could have made in the proper exercise of its functions and therefore was required to dispose of the proceedings in accordance with that decision.

Court Disposition

Appeal upheld and development consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to amend the development application to rely upon the amended architectural plans and stormwater plans referred to in condition 1 of Annexure A.' 'The Appeal is upheld.' 'Development Application No. 8.2017.142.1 for the demolition of the existing dwelling and the construction of a...