58 Bream Street Pty Ltd v Randwick City Council [2024] NSWLEC 1155

58 Bream Street Pty Ltd v Randwick City Council [2024] NSWLEC 1155

The Court was satisfied that the modified development was substantially the same development as originally approved, that the relevant jurisdictional prerequisites had been addressed, and that the parties' agreed decision was within power under s 34(3) of the Land and Environment Court Act 1979. The appeal was therefore upheld and Development Consent No. 150/2022 was modified in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
04 April 2024
Procedural Posture
Class 1 Development Appeal Concerning a Modification Application to a Development Consent / Final Orders Following Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; Development Consent No. 150/2022 modified.
Legal Topics
['modification of Development Consent' 'conciliation Conference' 'substantially the Same Development' 'floor Space Ratio Development Standard' 'residential Flat Building']
['environmental and Planning Law' 'development Appeals'] ['modification of Development Consent' 'conciliation Conference' 'substantially the Same Development' 'floor Space Ratio Development Standard' 'residential Flat Building']

Case Brief

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Procedural Posture

Class 1 Development Appeal Concerning a Modification Application to a Development Consent / Final Orders Following Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the modification application concerned substantially the same development as the development for which consent was originally granted.' 'Whether the jurisdictional prerequisites for modification of Development Consent No. 150/2022 were satisfied.' 'Whether a cl 4.6 request for variation was required for the proposed floor space ratio breach in a modification application.' "Whether the parties' agreed decision was within the Court's power under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

The Court was satisfied that the modified development was substantially the same development as originally approved, that the relevant jurisdictional prerequisites had been addressed, and that the parties' agreed decision was within power under s 34(3) of the Land and Environment Court Act 1979. The appeal was therefore upheld and Development Consent No. 150/2022 was modified in accordance with the agreement.

Court Disposition

Appeal upheld; Development Consent No. 150/2022 modified.

Orders

  • ['The appeal is upheld.' 'Development Consent No. 150/2022 is modified in the terms in Annexure A.' 'Development Consent No. 150/2022 as modified by the Court is Annexure B.']