Comino v Northern Beaches Council [2022] NSWLEC 1227

Comino v Northern Beaches Council [2022] NSWLEC 1227

The Court was satisfied, on the evidence and the Council's submissions in the Statement of Jurisdictional Issues, that the amended proposal was permissible with consent in the R2 Low Density Residential zone, complied with the 8.5m height development standard, and satisfied the applicable flood, coastal risk and coastal environment preconditions. The parties' agreement was therefore a decision the Court could have made in the proper exercise of its functions, so the proceedings were disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
03 May 2022
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 2021/2075 / Orders Following S 34 AA Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'alterations and Additions to an Existing Dwelling House' 'conciliation Conference' 'consent Orders' 'flood Affected Land' 'coastal Risk Planning' 'coastal Environment Area']
['planning and Environment Law'] ['development Application' 'alterations and Additions to an Existing Dwelling House' 'conciliation Conference' 'consent Orders' 'flood Affected Land' 'coastal Risk Planning' 'coastal Environment Area']

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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 Development Application No. 2021/2075 / Orders Following S 34 AA Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreement was a decision that 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 the amended development application under s 4.16 of the Environmental Planning and Assessment Act 1979.' 'Whether preconditions to the grant of development consent were satisfied, including permissibility, height, flood, coastal risk and coastal environment requirements.']

Ratio Decidendi

The Court was satisfied, on the evidence and the Council's submissions in the Statement of Jurisdictional Issues, that the amended proposal was permissible with consent in the R2 Low Density Residential zone, complied with the 8.5m height development standard, and satisfied the applicable flood, coastal risk and coastal environment preconditions. The parties' agreement was therefore a decision the Court could have made in the proper exercise of its functions, so the proceedings were disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application No. 2021/2075 for alterations and additions to an existing dwelling house, at 22 Ocean Road, Palm Beach, is determined by the grant of consent, subject to the conditions of consent at Annexure A.']