TLB Trading Pty Ltd v Mosman Municipal Council [2019] NSWLEC 1019

TLB Trading Pty Ltd v Mosman Municipal Council [2019] NSWLEC 1019

Because the Applicant's cl 4.6 written requests established, with the Respondent's concurrence, that compliance with the relevant height and wall height standards was unreasonable or unnecessary, that sufficient environmental planning grounds justified the contraventions, and that the development was in the public interest, the jurisdictional prerequisites were fulfilled and the parties' agreed decision to uphold the appeal and grant consent subject to conditions was one the Court could have made in the proper exercise of its functions.

Jurisdiction
Australia
Judgment Date
18 January 2019
Procedural Posture
Class 1 Development Application Appeal From Deemed Refusal / Conciliation Conference; Agreement Between the Parties Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application Appeal' 'conciliation Conference' 'development Consent' 'clause 4.6 Variation Request' 'height of Buildings Development Standard' 'wall Height Development Standard']
['planning and Environment Law'] ['development Application Appeal' 'conciliation Conference' 'development Consent' 'clause 4.6 Variation Request' 'height of Buildings Development Standard' 'wall Height Development Standard']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal From Deemed Refusal / Conciliation Conference; Agreement Between the Parties Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one 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 jurisdictional prerequisites for varying the maximum height of building and maximum wall height development standards under cl 4.6 of Mosman Local Environment Plan 2012 were satisfied.' 'Whether the appeal should be upheld and development consent granted subject to conditions.']

Ratio Decidendi

Because the Applicant's cl 4.6 written requests established, with the Respondent's concurrence, that compliance with the relevant height and wall height standards was unreasonable or unnecessary, that sufficient environmental planning grounds justified the contraventions, and that the development was in the public interest, the jurisdictional prerequisites were fulfilled and the parties' agreed decision to uphold the appeal and grant consent subject to conditions was one the Court could have made in the proper exercise of its functions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to amend the development application to rely upon the amended architectural plans, landscape plans and stormwater plans referred to in condition 1 of Annexure A to this judgment.' "The Applicant shall pay the Respondent's costs pursuant to section 8.15(3) EP&A Act 1979 as agreed in...