Pearce v Woollahra Municipal Council [2023] NSWLEC 1122

Pearce v Woollahra Municipal Council [2023] NSWLEC 1122

Because the parties reached agreement on amended plans and conditions and the Commissioner was satisfied, after considering the relevant statutory planning matters, that granting consent was a decision the Court could make in the proper exercise of its functions, the Court was required by section 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
22 March 2023
Procedural Posture
Class 1 Appeal Under Section 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Actual Refusal of a Development Application / Conciliation Conference Under Section 34 AA of the Land and Environment Court Act 1979; Orders Made by Agreement of the Parties
Outcome
Appeal upheld; development consent granted to Development Application No DA24/2022 as amended, subject to conditions of consent in Annexure A.
Legal Topics
['development Application' 'demolition and Construction of Dwelling House' 'amended Plans' 'conciliation Conference' 'consent Orders' 'basix Affected Development' 'contaminated Land' 'coastal Zone' 'sydney Harbour Catchment' 'building Height' 'acid Sulfate Soils' 'earthworks']
['planning and Environment Law' 'development Consent'] ['development Application' 'demolition and Construction of Dwelling House' 'amended Plans' 'conciliation Conference' 'consent Orders' 'basix Affected Development' 'contaminated Land' 'coastal Zone' 'sydney Harbour Catchment' 'building Height' 'acid Sulfate Soils' 'earthworks']

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Procedural Posture

Class 1 Appeal Under Section 8.7(1) of the Environmental Planning and Assessment Act 1979 Against the Actual Refusal of a Development Application / Conciliation Conference Under Section 34 AA of the Land and Environment Court Act 1979; Orders Made by Agreement of the Parties

Legal Issues

  1. 1 ["Whether the Court could give effect to the parties' agreement to grant development consent to Development Application No DA24/2022 as amended, subject to conditions." 'Whether the amended development application satisfied relevant statutory planning considerations, including notification, BASIX, contamination, coastal zone, Sydney Harbour Catchment, zoning, building height, acid sulfate soils, earthworks and draft planning controls.']

Ratio Decidendi

Because the parties reached agreement on amended plans and conditions and the Commissioner was satisfied, after considering the relevant statutory planning matters, that granting consent was a decision the Court could make in the proper exercise of its functions, the Court was required by section 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted to Development Application No DA24/2022 as amended, subject to conditions of consent in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to Development Application No DA24/2022, as amended, for the demolition of the existing dwelling and construction of a new five storey dwelling with pool and a garage at land identified as Lot A in Deposited Plan 332414, known as 62 Beresford Roased NSW 2023,...