Woollahra Developments Pty. Limited v Council of the Municipality of Woollahra [2023] NSWLEC 1579

Woollahra Developments Pty. Limited v Council of the Municipality of Woollahra [2023] NSWLEC 1579

The Court upheld the appeal and approved the modification because the parties reached an agreement under s 34, the agreed decision was within the Court's power, the modified development was substantially the same as the originally approved development, required consultation and notification matters were satisfied, and the applicable planning instruments and jurisdictional preconditions did not present any impediment to approval.

Jurisdiction
Australia
Judgment Date
05 October 2023
Procedural Posture
Class 1 Appeal Concerning a Modification Application for Development Consent No. 607/2021 / Orders Made Following a S34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; Development Consent No. 607/2021 modified in the terms agreed by the parties.
Legal Topics
['modification Application Under S 4.55(2) of the Environmental Planning and Assessment Act 1979' 'section 34 Conciliation Agreement' 'jurisdictional Preconditions for Modification of Development Consent' 'residential Flat Building Development' 'woollahra Heritage Conservation Area' 'state Environmental Planning Policies' 'local Environmental Planning Controls']
['planning and Environment Law' 'development Consent Modification' 'heritage Conservation' 'residential Development'] ['modification Application Under S 4.55(2) of the Environmental Planning and Assessment Act 1979' 'section 34 Conciliation Agreement' 'jurisdictional Preconditions for Modification of Development Consent' 'residential Flat Building Development' 'woollahra Heritage Conservation Area' 'state Environmental Planning Policies' 'local Environmental Planning Controls']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a Modification Application for Development Consent No. 607/2021 / Orders Made Following a S34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreed decision under s 34(3) of the LEC Act." 'Whether the development as modified would be substantially the same development as originally approved for the purposes of s 4.55(2) of the Environmental Planning and Assessment Act 1979.' 'Whether relevant jurisdictional preconditions under environmental planning instruments and regulations were satisfied, including contamination, design quality, BASIX, biodiversity and conservation, heritage, height, floor space ratio and earthworks matters.' 'Whether the modification application should be approved subject to the agreed conditions.']

Ratio Decidendi

The Court upheld the appeal and approved the modification because the parties reached an agreement under s 34, the agreed decision was within the Court's power, the modified development was substantially the same as the originally approved development, required consultation and notification matters were satisfied, and the applicable planning instruments and jurisdictional preconditions did not present any impediment to approval.

Court Disposition

Appeal upheld; Development Consent No. 607/2021 modified in the terms agreed by the parties.

Orders

  • ['The appeal is upheld.' "Development Consent No. 607/2021 for the demolition of, and alterations and additions to, existing buildings and the construction of a residential flat building development across multiple lots, including land remediation and consolidation of lots at 2A James Street and 60-80 Oxford Street,...