Australia, Aug. 16 -- New South Wales Land and Environment Court issued text of the following judgement on July 16:

1. COMMISSIONER: These proceedings arise following an application to the Court under s 4.55(2) of the Environmental Planning and Assessment Act 1979 (EPA Act) to modify development consent DA330/2023 (the consent) granted by the Court in Comino v Woollahra Municipal Council [2024] NSWLEC 1336 (Comino v Woollahra). That decision granted approval for the construction of a three-storey dwelling house with associated landscaping and site works, at 63 Fitzwilliam Road, Vaucluse (Lot 1 in DP 940103).

2. Application DA330/2023/2 (the Modification Application) proposes to make the following amendments to the approved development:

1) Internal amendments to the dwelling, resulting in a reduction in gross floor area (GFA);

2) Remove the following condition from the consent:

D1. Modification of Details of the Development (section 4.17(1)(g) of the Act)

The approved plans and the Construction Certificate plans and specification, required to be submitted to the Certifying Authority, must detail the following amendments: ... b. The proposed extension of the external wall to the living area towards the eastern boundary, resulting in a side setback of 1100mm, is to be deleted. This condition has been imposed in order to mitigate visual impacts on adjoining properties due to a non-compliance with the Floor Space Ratio development standard and its inconsistency with Objective (b) in Part 4.4(e) of the Woollahra LEP 2024.

3. The modification application proposed for approval has been amended since filing in response to contentions raised by the Respondent.

4. In exercising the functions of the consent authority on appeal, the Court has the power to determine the Modification Application pursuant to s 4.55(2) of the EPA Act.

5. The Court arranged a conciliation conference under s 34AA(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 31 January 2025. I presided over the conciliation conference. At the conciliation conference agreement was reached between the parties to approve the modification application. The terms of the parties' agreement is outlined in their executed s 34 written agreement.

6. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' signed agreement if the Court could have made that decision in the proper exercise of its functions. The preconditions relevant to the exercise of the Court's power to make the proposed final orders are addressed in a joint jurisdictional submission annexed to the written agreement. In that regard, I note the following matters.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197be59ca489f9ff7c152533)

Disclaimer: Curated by HT Syndication.