Williams v Woollahra Municipal Council [2024] NSWLEC 1105

Williams v Woollahra Municipal Council [2024] NSWLEC 1105

Because the amended development application was permissible with consent, the cl 4.6 height variation request was upheld, BASIX and contamination matters did not prevent consent, public submissions had been reasonably considered, and there was no jurisdictional impediment, the parties' agreed decision was one the Court could have made in the proper exercise of its functions. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
12 March 2024
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Da587/2022 / Orders Following S 34 AA Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted to DA587/2022 as amended subject to conditions in Annexure A.
Legal Topics
['development Appeal' 'demolition and Construction of Dwelling House' 'height of Buildings Development Standard' 'clause 4.6 Variation Request' 'conciliation Conference' 'agreement Between Parties' 'basix' 'contamination Consideration' 'public Participation']
['planning and Environment Law' 'development Consent'] ['development Appeal' 'demolition and Construction of Dwelling House' 'height of Buildings Development Standard' 'clause 4.6 Variation Request' 'conciliation Conference' 'agreement Between Parties' 'basix' 'contamination Consideration' 'public Participation']

Case Brief

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Da587/2022 / Orders Following S 34 AA Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the Court could uphold the Class 1 appeal and grant development consent to DA587/2022 as amended subject to conditions.' 'Whether jurisdictional prerequisites to the grant of consent under s 4.16(1)(a) of the Environmental Planning and Assessment Act 1979 were satisfied.' 'Whether the proposed contravention of the Woollahra Local Environmental Plan 2014 height of buildings standard should be upheld under cl 4.6.' 'Whether public submissions and procedural fairness matters had been reasonably considered.']

Ratio Decidendi

Because the amended development application was permissible with consent, the cl 4.6 height variation request was upheld, BASIX and contamination matters did not prevent consent, public submissions had been reasonably considered, and there was no jurisdictional impediment, the parties' agreed decision was one the Court could have made in the proper exercise of its functions. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld; development consent granted to DA587/2022 as amended subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to DA587/2022, as amended, for the demolition of the existing dwelling and construction of a new three-storey dwelling house, swimming pool and associated landscaping work at 30A Russell Street Vaucluse 2030 (Lot B of DP 157925) subject to conditions in...