TLB Trading Pty Ltd v Waverley Council [2019] NSWLEC 1557

TLB Trading Pty Ltd v Waverley Council [2019] NSWLEC 1557

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions, including because the cl 4.6 requests justified the height and floor space ratio contraventions and no jurisdictional impediment was identified, the proceedings had to be disposed of in accordance with the parties' agreement by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
28 November 2019
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application DA 286/2018 / Final Orders Following Conciliation Conferences and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions in Annexure A.
Legal Topics
['residential Flat Building Development Application' 'existing Use Rights' 'clause 4.6 Variations to Development Standards' 'height Development Standard' 'floor Space Ratio Development Standard' 'section 34 Conciliation Agreement']
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['residential Flat Building Development Application' 'existing Use Rights' 'clause 4.6 Variations to Development Standards' 'height Development Standard' 'floor Space Ratio Development Standard' 'section 34 Conciliation Agreement']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application DA 286/2018 / Final Orders Following Conciliation Conferences and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether development consent could be granted notwithstanding contravention of the height development standard in cl 4.3 of Waverley Local Environmental Plan 2012.' 'Whether development consent could be granted notwithstanding contravention of the floor space ratio development standard in cl 4.4 of Waverley Local Environmental Plan 2012.' 'Whether the subject site benefited from existing use rights for the purpose of a residential flat building.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions, including because the cl 4.6 requests justified the height and floor space ratio contraventions and no jurisdictional impediment was identified, the proceedings had to be disposed of in accordance with the parties' agreement by upholding the appeal and granting development consent subject to conditions.

Court Disposition

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

Orders

  • ["Leave is granted to the Applicant to rely upon the amended plans listed in Condition 1 at Annexure 'A', the two written requests pursuant to clause 4.6 of Waverley Local Environmental Plan 2012 dated 20 September 2019, and the amended BASIX certificate referred to in the conditions at Annexure 'A'." 'Pursuant to...