Marks v Willougby City Council [2024] NSWLEC 1324

Marks v Willougby City Council [2024] NSWLEC 1324

Because the parties agreed to orders modifying the consent, the modification was for substantially the same development, no submissions were received after the application was not notified, the agreed Standard Design 106 crossing was permissible and not contrary to the relevant C4 Environmental Living zone objectives, and there was no jurisdictional impediment, the agreed decision was one the Court could have made in the proper exercise of its functions; accordingly, under s 34(3) of the Land and Environment Court Act 1979 the Court was required to dispose of the proceedings in accordance with the parties' decision.

Jurisdiction
Australia
Judgment Date
14 June 2024
Procedural Posture
Class 1 Appeal Concerning an Application to Modify Development Consent No DA 2017/484 Pursuant to S 4.55(2) of the Environmental Planning and Assessment Act 1979 / Orders Made Following a Conciliation Conference Under S 34 Aa(2)(a) of the Land and Environment Court Act 1979 Where the Parties Reached Agreement
Outcome
The appeal was upheld and development consent No DA-2017/484 was modified.
Legal Topics
['modification of Development Consent' 'vehicle Crossing Design' 'conciliation Conference' 'jurisdictional Prerequisites Under S 4.55(2) of the Environmental Planning and Assessment Act 1979' 'class 1 Appeal']
['planning and Environment Law'] ['modification of Development Consent' 'vehicle Crossing Design' 'conciliation Conference' 'jurisdictional Prerequisites Under S 4.55(2) of the Environmental Planning and Assessment Act 1979' 'class 1 Appeal']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning an Application to Modify Development Consent No DA 2017/484 Pursuant to S 4.55(2) of the Environmental Planning and Assessment Act 1979 / Orders Made Following a Conciliation Conference Under S 34 Aa(2)(a) of the Land and Environment Court Act 1979 Where the Parties Reached Agreement

Legal Issues

  1. 1 ['Whether development consent No DA 2017/484 should be modified to permit the vehicle crossing to be constructed in accordance with Standard Design 106 rather than Standard Design 105.' 'Whether the modification application satisfied the jurisdictional prerequisites under s 4.55(2) of the Environmental Planning and Assessment Act 1979.' "Whether the parties' agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

Because the parties agreed to orders modifying the consent, the modification was for substantially the same development, no submissions were received after the application was not notified, the agreed Standard Design 106 crossing was permissible and not contrary to the relevant C4 Environmental Living zone objectives, and there was no jurisdictional impediment, the agreed decision was one the Court could have made in the proper exercise of its functions; accordingly, under s 34(3) of the Land and Environment Court Act 1979 the Court was required to dispose of the proceedings in accordance with the parties' decision.

Court Disposition

The appeal was upheld and development consent No DA-2017/484 was modified.

Orders

  • ['The appeal is upheld.' 'Development consent No DA-2017/484 is modified in the terms set out in Annexure A.' 'Development consent No DA-2017/484, as modified by the Court, is subject to the consolidated modified conditions set out in Annexure B.']