512 Bunnerong Road Pty Ltd v Randwick City Council [2019] NSWLEC 1286

512 Bunnerong Road Pty Ltd v Randwick City Council [2019] NSWLEC 1286

The agreement reached between the parties to uphold the appeal and approve the deletion of the specified conditions is one which the Court could properly make, the development as modified remains substantially the same, notification requirements were met, and no jurisdictional impediment existed.

Jurisdiction
Australia
Judgment Date
25 June 2019
Procedural Posture
Class 1 Modification Application Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld; modification application granted; conditions deleted; orders made by consent
Legal Topics
['modification of Development Consent' 'deletion of Consent Conditions' 'conciliation Agreement' 'development Applications']
['planning and Environment'] ['modification of Development Consent' 'deletion of Consent Conditions' 'conciliation Agreement' 'development Applications']

Case Brief

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Procedural Posture

Class 1 Modification Application Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether conditions 2(b) and 2(h) of the original and modified development consent should be deleted' 'Whether the modification application should be approved pursuant to s 4.55(2) of the Environmental Planning and Assessment Act 1979' "Whether parties' agreement after conciliation can be endorsed under s 34(3) of the Land and Environment Court Act 1979"]

Ratio Decidendi

The agreement reached between the parties to uphold the appeal and approve the deletion of the specified conditions is one which the Court could properly make, the development as modified remains substantially the same, notification requirements were met, and no jurisdictional impediment existed.

Court Disposition

Appeal upheld; modification application granted; conditions deleted; orders made by consent

Orders

  • ['The Applicant is granted leave to rely on the amended drawing referred to in Condition 1 of Annexure A for the purposes of the development application' 'The Appeal is upheld' 'Modification Application No. DA335/2015/B to modify Development Consent No. DA335/2015 for the purposes of deleting conditions 2(b) and...