Wu v Woollahra Municipal Council [2024] NSWLEC 1118

Wu v Woollahra Municipal Council [2024] NSWLEC 1118

Because the parties reached agreement at the s 34AA conciliation conference and the Court was satisfied, on the evidence and jurisdictional statement, that the jurisdictional prerequisites were met and that the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) required the Court to dispose of the proceedings in accordance with that agreement by upholding the appeal and granting consent to the amended development application subject to conditions.

Jurisdiction
Australia
Judgment Date
19 March 2024
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application Da532/2022/1 / Orders Following S 34 AA Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted to Development Application No. 532/2022/1, as amended, subject to conditions in Annexure 'A'.
Legal Topics
['development Application' 'dual Occupancy' 'deemed Refusal Appeal' 'conciliation Conference' 'agreement Between Parties' 'development Consent' 'jurisdictional Prerequisites' 'clause 4.6 Variation']
['planning and Environment Law'] ['development Application' 'dual Occupancy' 'deemed Refusal Appeal' 'conciliation Conference' 'agreement Between Parties' 'development Consent' 'jurisdictional Prerequisites' 'clause 4.6 Variation']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Development Application Da532/2022/1 / Orders Following S 34 AA Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision to uphold the appeal and grant consent to the amended development application was one 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.' 'Whether the contravention of the height of buildings development standard under cl 4.3 of the Woollahra Local Environmental Plan 2014 was justified under cl 4.6.']

Ratio Decidendi

Because the parties reached agreement at the s 34AA conciliation conference and the Court was satisfied, on the evidence and jurisdictional statement, that the jurisdictional prerequisites were met and that the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) required the Court to dispose of the proceedings in accordance with that agreement by upholding the appeal and granting consent to the amended development application subject to conditions.

Court Disposition

Appeal upheld; development consent granted to Development Application No. 532/2022/1, as amended, subject to conditions in Annexure 'A'.

Orders

  • ['The appeal is upheld.' "Development Application No. 532/2022/1, as amended, for the demolition of the existing dwelling and construction of a new four-storey dual occupancy including a pool and garage at 4 Tivoli Avenue, Rose Bay is determined by the grant of consent, subject to the conditions in Annexure 'A'."]