Reid v Woollahra Municipal Council [2024] NSWLEC 1299

Reid v Woollahra Municipal Council [2024] NSWLEC 1299

Because the Commissioner was satisfied that the relevant pre-jurisdictional requirements had been met, including the cl 4.6 height variation, minimum lot size, excavation, acid sulfate soils, Biodiversity SEPP, Resilience SEPP, integrated development and BASIX/transitional requirements, the parties' agreed decision to grant consent subject to conditions was a decision the Court could have made in the proper exercise of its functions. Section 34(3) of the Land and Environment Court Act 1979 therefore required the proceedings to be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
12 June 2024
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Development Application 54/2023/1 / Orders Made Following Conciliation Conference and S 34 Agreement
Outcome
The appeal was upheld and Development Application 54/2023/1 was determined by the grant of consent subject to conditions.
Legal Topics
['class 1 Development Appeal' 'attached Dual Occupancy Development' 'height of Buildings Development Standard' 'clause 4.6 Variation Request' 'conciliation Agreement' 'integrated Development' 'basix' 'acid Sulfate Soils' 'excavation' 'sydney Harbour Catchment' 'contamination Assessment']
['planning and Environment Law' 'development Consent' 'local Government'] ['class 1 Development Appeal' 'attached Dual Occupancy Development' 'height of Buildings Development Standard' 'clause 4.6 Variation Request' 'conciliation Agreement' 'integrated Development' 'basix' 'acid Sulfate Soils' 'excavation' 'sydney Harbour Catchment' 'contamination Assessment']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Development Application 54/2023/1 / Orders Made Following Conciliation Conference and S 34 Agreement

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision 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 written request under cl 4.6 of the Woollahra Local Environmental Plan 2014 justified contravention of the 9.5m height standard for dual occupancy development.' 'Whether pre-jurisdictional requirements under relevant environmental planning instruments and legislation were satisfied for the grant of consent.' 'Whether the proposed development satisfied requirements concerning minimum lot size, acid sulfate soils, excavation, water quality and flow, contamination, integrated development approvals and BASIX/transitional provisions.']

Ratio Decidendi

Because the Commissioner was satisfied that the relevant pre-jurisdictional requirements had been met, including the cl 4.6 height variation, minimum lot size, excavation, acid sulfate soils, Biodiversity SEPP, Resilience SEPP, integrated development and BASIX/transitional requirements, the parties' agreed decision to grant consent subject to conditions was a decision the Court could have made in the proper exercise of its functions. Section 34(3) of the Land and Environment Court Act 1979 therefore required the proceedings to be disposed of in accordance with that agreement.

Court Disposition

The appeal was upheld and Development Application 54/2023/1 was determined by the grant of consent subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application 54/2023/1 for the demolition of the existing attached dual occupancy, construction of a new attached dual occupancy, swimming pool, parking at street level and associated site works and landscaping at 54 New Beach Road, Daring Point NSW being Strata Plan 33166 is...