Toplace Pty Ltd v The Council of the City of Sydney (No 2) [2020] NSWLEC 1650

Toplace Pty Ltd v The Council of the City of Sydney (No 2) [2020] NSWLEC 1650

Because the parties reached agreements under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decisions were ones the Court could make in the proper exercise of its functions, including because the statutory preconditions identified by the parties were met, the Court was required to dispose of both appeals in accordance with the agreed decisions by granting leave to amend, upholding the appeals and approving the modification applications subject to the amended conditions in Annexure A.

Jurisdiction
Australia
Judgment Date
14 December 2020
Procedural Posture
Class 1 Appeals Against Deemed Refusal of Modification Applications / Orders Following Conciliation Conference on 14 December 2020
Outcome
Both appeals were upheld and modification applications D/2015/624/F and D/2008/102/F were approved.
Legal Topics
['modification Application' 'development Consent Conditions' 'concept Consent' 'detailed Development Consent' 'conciliation Conference' 'voluntary Planning Agreement' 'traffic Generating Development']
['environmental Planning and Development' 'land and Environment Court Procedure'] ['modification Application' 'development Consent Conditions' 'concept Consent' 'detailed Development Consent' 'conciliation Conference' 'voluntary Planning Agreement' 'traffic Generating Development']

Case Brief

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Procedural Posture

Class 1 Appeals Against Deemed Refusal of Modification Applications / Orders Following Conciliation Conference on 14 December 2020

Legal Issues

  1. 1 ['Whether the Court could make agreed orders approving modification application D/2015/624/F concerning development consent D/2015/624.' 'Whether the Court could make agreed orders approving modification application D/2008/102/F concerning development consent D/2008/102.' 'Whether the jurisdictional preconditions for modifications under s 4.55(2) of the Environmental Planning and Assessment Act 1979 were met.' 'Whether the agreed modified conditions could preserve the intersection upgrade requirement and stage occupation of Building A by reference to progress of those works.']

Ratio Decidendi

Because the parties reached agreements under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decisions were ones the Court could make in the proper exercise of its functions, including because the statutory preconditions identified by the parties were met, the Court was required to dispose of both appeals in accordance with the agreed decisions by granting leave to amend, upholding the appeals and approving the modification applications subject to the amended conditions in Annexure A.

Court Disposition

Both appeals were upheld and modification applications D/2015/624/F and D/2008/102/F were approved.

Orders

  • ['Proceedings 2020/165316: The Applicant is granted leave to amend modification application D/2015/624/F so that the modification sought to development consent is reflected in the updated conditions of consent contained at Annexure A to these orders.' 'Proceedings 2020/165316: The appeal is upheld.' 'Proceedings...