266 Mona Vale Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1065

266 Mona Vale Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1065

Because the parties reached an agreement at the conciliation conference, the proposed modification was of minimal environmental impact, the development as modified was substantially the same development as originally approved, and the application had been appropriately notified with no submissions received, the parties' decision was one the Court could have made in the proper exercise of its functions and the Court was required to dispose of the proceedings in accordance with it.

Jurisdiction
Australia
Judgment Date
18 February 2019
Procedural Posture
Class 1 Appeal Concerning Refusal of Modification Application / Decision Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld and Modification Application MOD0172/17 approved subject to conditions.
Legal Topics
['modification Application' 'development Consent' 'conciliation Conference' 'agreement Between Parties' 'consent Orders']
['environmental Planning and Assessment' 'land and Environment Court Procedure'] ['modification Application' 'development Consent' 'conciliation Conference' 'agreement Between Parties' 'consent Orders']

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Procedural Posture

Class 1 Appeal Concerning Refusal of Modification Application / Decision Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement reached at conciliation." 'Whether the jurisdictional prerequisites for modifying the development consent under s 4.55 of the Environmental Planning and Assessment Act 1979 were satisfied.']

Ratio Decidendi

Because the parties reached an agreement at the conciliation conference, the proposed modification was of minimal environmental impact, the development as modified was substantially the same development as originally approved, and the application had been appropriately notified with no submissions received, the parties' decision was one the Court could have made in the proper exercise of its functions and the Court was required to dispose of the proceedings in accordance with it.

Court Disposition

Appeal upheld and Modification Application MOD0172/17 approved subject to conditions.

Orders

  • ['Leave is granted to the Applicant to amend Modification Application MOD0172/17 the subject of these proceedings to rely on SK01 Revision A Unit 4 Terrace Plan dated 24 September 2018.' 'The appeal is upheld.' 'Modification Application MOD0172/17 seeking to modify Development Consent No. DA0280/2016, granted by the...