The Scots College v Woollahra Municipal Council [2023] NSWLEC 1167

The Scots College v Woollahra Municipal Council [2023] NSWLEC 1167

Because the parties reached agreement at the s 34 conciliation conference and the Commissioner was satisfied, on the evidence and the Council's jurisdictional submissions, that all relevant preconditions were met and that the agreed decision was one the Court could have made in the proper exercise of its functions, the appeal was upheld and development consent was granted subject to conditions.

Jurisdiction
Australia
Judgment Date
12 April 2023
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions of consent at Annexure A.
Legal Topics
['development Application' 'school Development' 'underground Carpark' 'tennis Courts' 'conciliation Conference' 'agreed Orders' 'heritage' 'earthworks' 'state Environmental Planning Policy']
['planning and Environment Law' 'development Consent'] ['development Application' 'school Development' 'underground Carpark' 'tennis Courts' 'conciliation Conference' 'agreed Orders' 'heritage' 'earthworks' 'state Environmental Planning Policy']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

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 development consent could be granted for Development Application No. 390/2019/1 under s 4.16 of the Environmental Planning and Assessment Act 1979.' 'Whether relevant preconditions to granting development consent for the proposal were satisfied, including under SEPP (Transport and Infrastructure) 2021, SEPP (Resilience and Hazards) 2021 and Woollahra Local Environmental Plan 2014.']

Ratio Decidendi

Because the parties reached agreement at the s 34 conciliation conference and the Commissioner was satisfied, on the evidence and the Council's jurisdictional submissions, that all relevant preconditions were met and that the agreed decision was one the Court could have made in the proper exercise of its functions, the appeal was upheld and development consent was granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions of consent at Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application No. 390/2019/1 for the demolition of the tennis courts, excavation to create an underground carpark and associated facilities with new tennis courts above and new relocated entry from Cranbrook Lane, at 29-53 Victoria Road, Bellevue Hill, is determined by the grant...