Anglican Community Services v Ku-ring-gai Council [2020] NSWLEC 1189

Anglican Community Services v Ku-ring-gai Council [2020] NSWLEC 1189

Because the Court accepted the parties' explanation that the s 4.56 jurisdictional prerequisites had been satisfied, including substantial sameness, notification, consideration of submissions, relevant s 4.15(1) matters and reasons for the original consent, and because the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) required the Court to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
23 April 2020
Procedural Posture
Class 1 Appeal Against Refusal of Modification Application / Conciliation Conference Agreement and Final Orders
Outcome
Appeal upheld; Development Consent No. DA0257/16 modified in accordance with Modification Application No. MOD0066/19, subject to modified conditions of consent at Annexure A.
Legal Topics
['modification Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'seniors Housing']
['planning and Environment Law'] ['modification Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'seniors Housing']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Modification Application / Conciliation Conference Agreement and Final Orders

Legal Issues

  1. 1 ['Whether the jurisdictional prerequisites for modification of Development Consent No. DA0257/16 under s 4.56 of the Environmental Planning and Assessment Act 1979 were satisfied.' "Whether the parties' agreed decision was one that 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 Court accepted the parties' explanation that the s 4.56 jurisdictional prerequisites had been satisfied, including substantial sameness, notification, consideration of submissions, relevant s 4.15(1) matters and reasons for the original consent, and because the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) required the Court to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld; Development Consent No. DA0257/16 modified in accordance with Modification Application No. MOD0066/19, subject to modified conditions of consent at Annexure A.

Orders

  • ['The Applicant is granted leave to rely on the amended plans listed in the orders, including drawings AR-DA-1113, AR-DA-2011, AR-DA-2012, AR-DA-3011, AR-DA-5001, AR-DA-5002, AR-DA-5021, AR-DA-5041, AR-DA-5051, AR-DA-5501, AR-DA-5502, AR-DA-6011, LAND-DA-A12 and LAND-DA-A15.' 'The appeal is upheld.' 'Pursuant to s...