Anglican Community Services v Fairfield City Council [2023] NSWLEC 1160

Anglican Community Services v Fairfield City Council [2023] NSWLEC 1160

The parties reached agreement under s 34(3) of the Land and Environment Court Act 1979 for approval of the modification application on agreed conditions, and the Commissioner was satisfied the agreed decision was one the Court could make in the proper exercise of its functions because the applicant was the same entity as the original consent holder, the limited works meant the modified development was substantially the same development, notification requirements had been satisfied with no submissions received, an updated BASIX certificate and qualified designer statement were provided, and relevant matters under s 4.15(1) and the reasons for the original consent were considered. The Court...

Jurisdiction
Australia
Judgment Date
06 April 2023
Procedural Posture
Class 1 Appeal Under S 8.9 of the Environmental Planning and Assessment Act 1979 Against the Grant of a Modification Application Subject to Conditions / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Modification Application No. MA15.3/2019 approved; Development Consent No. DA15.1/2019 modified.
Legal Topics
['modification Application' 'development Consent' 'conciliation Conference' 'residential Flat Building and Boarding House' 'air Conditioning Units']
['environmental Planning and Assessment' 'land and Environment Court Proceedings'] ['modification Application' 'development Consent' 'conciliation Conference' 'residential Flat Building and Boarding House' 'air Conditioning Units']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.9 of the Environmental Planning and Assessment Act 1979 Against the Grant of a Modification Application Subject to Conditions / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether leave should be granted to amend Modification Application No. MA15.3/2019 to rely on amended plans and documents.' 'Whether Modification Application No. MA15.3/2019 should be approved under s 4.56 of the Environmental Planning and Assessment Act 1979.' "Whether the parties' agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

The parties reached agreement under s 34(3) of the Land and Environment Court Act 1979 for approval of the modification application on agreed conditions, and the Commissioner was satisfied the agreed decision was one the Court could make in the proper exercise of its functions because the applicant was the same entity as the original consent holder, the limited works meant the modified development was substantially the same development, notification requirements had been satisfied with no submissions received, an updated BASIX certificate and qualified designer statement were provided, and relevant matters under s 4.15(1) and the reasons for the original consent were considered. The Court...

Court Disposition

Appeal upheld; Modification Application No. MA15.3/2019 approved; Development Consent No. DA15.1/2019 modified.

Orders

  • ["Pursuant to s 113 of the Environmental Planning and Assessment Regulation 2021, the Applicant is granted leave to amend Modification Application No. MA15.3/2019 to rely upon the amended plans and documents which are referenced in Condition 1 of Annexure 'A'." 'The appeal is upheld.' "Pursuant to s 4.56 of the...