The Trustees for the Stephen Unit Trust trading as Stephen Davidson v Waverley Council [2021] NSWLEC 1375

The Trustees for the Stephen Unit Trust trading as Stephen Davidson v Waverley Council [2021] NSWLEC 1375

Because the amended proposal was permissible with consent in the B4 Mixed Use zone, satisfied the relevant Waverley Local Environmental Plan 2012 controls and other applicable environmental planning instruments, had addressed submissions and the Respondent's contentions through amendments and agreed conditions, and was in the public interest, the parties' agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979; the appeal was therefore upheld and development consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
25 June 2021
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application DA 412/2019 / Orders Made Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application Appeal' 'mixed Use Development' 'residential Apartment Development' 'conciliation Agreement' 'basix' 'remediation of Land' 'design Quality' 'heritage Conservation Area' 'public Interest']
['planning and Environment Law' 'development Consent'] ['development Application Appeal' 'mixed Use Development' 'residential Apartment Development' 'conciliation Agreement' 'basix' 'remediation of Land' 'design Quality' 'heritage Conservation Area' 'public Interest']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application DA 412/2019 / Orders Made Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court could make orders under s 34(3) of the Land and Environment Court Act 1979 in accordance with the parties' agreement." 'Whether the amended mixed use development was permissible with consent in the B4 Mixed Use zone under the Waverley Local Environmental Plan 2012.' 'Whether the amended proposal satisfied relevant planning controls, environmental planning instruments and jurisdictional prerequisites for the grant of consent.' 'Whether the amended proposal, with agreed conditions, was in the public interest under s 4.15 of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

Because the amended proposal was permissible with consent in the B4 Mixed Use zone, satisfied the relevant Waverley Local Environmental Plan 2012 controls and other applicable environmental planning instruments, had addressed submissions and the Respondent's contentions through amendments and agreed conditions, and was in the public interest, the parties' agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979; the appeal was therefore upheld and development consent granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ["Leave is granted to the Applicant to rely upon the revised BASIX certificate (number 1050308M_03) dated 20 May 2021 and the stamped BASIX plans annexed to this agreement at Annexure 'A'." 'The appeal is upheld.' "Consent is granted to Development Application DA-412/2019, as amended, for the demolition of all...