Waverley Street Pty Ltd v Waverley Council [2022] NSWLEC 1266

Waverley Street Pty Ltd v Waverley Council [2022] NSWLEC 1266

Because the amended development application resolved the Respondent's contentions, complied with the relevant height and floor space ratio development standards, satisfied applicable jurisdictional prerequisites and environmental planning instruments, and the parties' agreed decision was one the Court could make in the proper exercise of its functions, the Court upheld the appeal and granted development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
24 May 2022
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application DA 325/2021 / Section 34 Conciliation Conference; Final Orders by Agreement
Outcome
Appeal upheld; development consent granted to amended Development Application DA-325/2021 subject to conditions.
Legal Topics
['development Application' 'residential Apartment Building' 'building Bulk and Scale' 'residential Amenity' 'conciliation Agreement' 'costs Thrown Away']
['planning and Environment Law' 'development Consent'] ['development Application' 'residential Apartment Building' 'building Bulk and Scale' 'residential Amenity' 'conciliation Agreement' 'costs Thrown Away']

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 Against Deemed Refusal of Development Application DA 325/2021 / Section 34 Conciliation Conference; Final Orders by Agreement

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether jurisdictional prerequisites to granting development consent to the amended development application were satisfied.' "Whether the amended development application complied with relevant environmental planning instruments and addressed the Respondent's contentions."]

Ratio Decidendi

Because the amended development application resolved the Respondent's contentions, complied with the relevant height and floor space ratio development standards, satisfied applicable jurisdictional prerequisites and environmental planning instruments, and the parties' agreed decision was one the Court could make in the proper exercise of its functions, the Court upheld the appeal and granted development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted to amended Development Application DA-325/2021 subject to conditions.

Orders

  • ['Leave is granted to the Applicant to amend Development Application DA-325/2021 and rely on the amended plans and documents listed at condition 1 of Annexure A.' "Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result...