Sanchez v Woollahra Municipal Council [2022] NSWLEC 1636

Sanchez v Woollahra Municipal Council [2022] NSWLEC 1636

Because the relevant jurisdictional requirements had been satisfied, the proposed development was acceptable having regard to s 4.15(1) of the Environmental Planning and Assessment Act 1979, approval was in the public interest, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
16 November 2022
Procedural Posture
Class 1 Appeal Against Refusal of Development Application Da616/2021/1 / Section 34 Conciliation Conference Agreement; Orders Made Granting Development Consent
Outcome
Appeal upheld; amended development application approved subject to conditions.
Legal Topics
['development Application' 'development Consent' 'class 1 Appeal' 'section 34 Conciliation Conference' 'alterations and Additions to Dwelling' 'jurisdictional Prerequisites for Consent']
['planning and Environment Law'] ['development Application' 'development Consent' 'class 1 Appeal' 'section 34 Conciliation Conference' 'alterations and Additions to Dwelling' 'jurisdictional Prerequisites for Consent']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application Da616/2021/1 / Section 34 Conciliation Conference Agreement; Orders Made Granting Development Consent

Legal Issues

  1. 1 ["Whether the parties' agreement to uphold the appeal and grant development consent subject to conditions 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 jurisdictional prerequisites for granting consent to the amended development application were satisfied, including the relevant provisions of the Environmental Planning and Assessment Act 1979, Woollahra Local Environmental Plan 2014, State Environmental Planning Policy (Resilience and Hazards) 2021 and Woollahra Development Control Plan 2015.' 'Whether the proposed development was acceptable having regard to s 4.15(1) of the Environmental Planning and Assessment Act 1979, including objector submissions.']

Ratio Decidendi

Because the relevant jurisdictional requirements had been satisfied, the proposed development was acceptable having regard to s 4.15(1) of the Environmental Planning and Assessment Act 1979, approval was in the public interest, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; amended development application approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application DA616/2021/1, as amended, for extensive alterations and additions to the existing dwelling at 28 Beresford Road, Rose Bay, is determined by way of granting development consent, subject to conditions set out in Annexure "A".']