Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1:

1. This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) by the applicant against the respondent's deemed refusal of the applicant's development application (DA-2024/297) (Development Application) seeking consent for alterations and a first floor addition to an existing dwelling, demolition of existing garage, construction of new carport, swimming pool, landscaping and associated works on land identified as Lot 9 in Deposited Plan 11712, known as 97 Fourth Avenue, Willoughby East (Subject Land).

2. The Court has power to dispose of these proceedings under its Class 1 jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (NSW) (LEC Act).

Background

3. The Development Application was lodged with the respondent on 10 December 2024.

4. The proceedings were commenced on 8 April 2025 against the deemed refusal of the Development Application, being within the appeal period prescribed by ss 8.10 and 8.11 of the EPA Act. The Development Application was refused by the respondent on the same date.

5. On 2 May 2025, the matter was set down for a conciliation conference and hearing pursuant to s 34AA of the LEC Act on 8 and 9 September 2025.

6. In the intervening period, the parties have reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. The decision agreed upon is for the grant of consent to the Development Application, as amended, subject to conditions of consent. The signed agreement is supported by an agreed jurisdictional statement.

7. The agreed amendments to the Development Application include:

1) changing the orientation and reducing the height of the roof joining the old and new portion of the house;

2) changing the roof of the carport to a flat roof and reducing the height of the carport;

3) increasing the landscaped area by reduction of the paved area in the rear of the property; and

4) amending the civil plans to modify the driveway and provide for minor cut and fill requirements,

(Amended Development Application).

8. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions.

9. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.

Public submissions

10. The Development Application was notified to adjoining landowners and occupiers in accordance with the Willoughby Development Control Plan 2023 (WDCP) between 9 and 21 January 2025. Two submissions were received in response to the notification, raising concerns regarding the use, accessibility and safety of the shared driveway between the Subject Land and 95 Fourth Avenue Willoughby, and amenity issues concerning car noise and light spill.

11. I am satisfied that the written submissions received have been taken into consideration in the assessment and determination of the Amended Development Application and agreed conditions of consent.

Jurisdictional considerations

12. As the presiding Commissioner, I am satisfied that the decision is one that the Court can make in the proper exercise of its functions (this being the test applied by s 34(3) of the LEC Act). I form this state of satisfaction for the reasons that follow.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19859b96e4036f8b98093bbd)

Disclaimer: Curated by HT Syndication.