AP Development No. 2 Pty Ltd v North Sydney Council [2024] NSWLEC 1487

AP Development No. 2 Pty Ltd v North Sydney Council [2024] NSWLEC 1487

The modified development retained the approved use and predominant built form and involved only minor design-development changes with no discernible environmental impacts; the notification requirements were met, no submissions were received, relevant s 4.15(1) matters and the original reasons for consent were considered, and the parties' agreed decision was therefore one the Court could have made in the proper exercise of its functions, requiring disposition in accordance with that agreement under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
13 August 2024
Procedural Posture
Class 1 Appeal Arising From Deemed Refusal of a Modification Application / Section 34 Conciliation Conference; Orders Made by Agreement
Outcome
Appeal upheld; development consent modified.
Legal Topics
['modification Application' 'residential Flat Building' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Prerequisites']
['planning and Environment' 'development Consent'] ['modification Application' 'residential Flat Building' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Prerequisites']

Case Brief

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Procedural Posture

Class 1 Appeal Arising From Deemed Refusal of a Modification Application / Section 34 Conciliation Conference; Orders Made by Agreement

Legal Issues

  1. 1 ['Whether the proposed modified development would be substantially the same as the development for which consent was originally granted under s 4.56(1)(a) of the Environmental Planning and Assessment Act 1979.' 'Whether the notification and consideration requirements under s 4.56 of the Environmental Planning and Assessment Act 1979 were satisfied.' "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

The modified development retained the approved use and predominant built form and involved only minor design-development changes with no discernible environmental impacts; the notification requirements were met, no submissions were received, relevant s 4.15(1) matters and the original reasons for consent were considered, and the parties' agreed decision was therefore one the Court could have made in the proper exercise of its functions, requiring disposition in accordance with that agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent modified.

Orders

  • ['The appeal is upheld.' 'Development consent DA 114/2022 is modified in the terms set out in Annexure A.' 'Development consent DA 114/2022 as modified is Annexure B.']