APlus Architecture Pty Ltd v Willoughby City Council [2024] NSWLEC 1515

APlus Architecture Pty Ltd v Willoughby City Council [2024] NSWLEC 1515

Because the amended Modification Application had owner consent, had been appropriately notified, remained substantially the same as the parent development consent, appropriately addressed the relevant planning instruments and s 4.15 matters, and the agreed decision was one the Court could make in the proper exercise of its functions, the Court was required under s 34(3) of the Land and Environment Court Act 1979 to give effect to the parties' agreement and modify Development Consent DA-2022/95 subject to conditions.

Jurisdiction
Australia
Judgment Date
23 August 2024
Procedural Posture
Class 1 Modification Application Made Directly to the Court Under S 4.55(8) of the Environmental Planning and Assessment Act 1979 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Parties Reached Agreement and Final Orders Made
Outcome
Modification application allowed by consent; Development Consent DA-2022/95 modified subject to conditions.
Legal Topics
['modification Application' 'mixed Use Development' 'shop Top Housing' 'conciliation Agreement' 'substantially the Same Development' 'flood Planning' 'basix' 'design Quality' 'traffic and Parking' 'contamination']
['planning and Environment Law' 'development Consent Modification'] ['modification Application' 'mixed Use Development' 'shop Top Housing' 'conciliation Agreement' 'substantially the Same Development' 'flood Planning' 'basix' 'design Quality' 'traffic and Parking' 'contamination']

Case Brief

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Procedural Posture

Class 1 Modification Application Made Directly to the Court Under S 4.55(8) of the Environmental Planning and Assessment Act 1979 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Parties Reached Agreement and Final Orders Made

Legal Issues

  1. 1 ['Whether the amended Modification Application was made with the consent of the owner of the land.' 'Whether the amended Modification Application remained substantially the same as Development Consent DA-2022/95.' 'Whether the amended Modification Application had been appropriately notified.' 'Whether the relevant matters under s 4.15(1) of the Environmental Planning and Assessment Act 1979 and the reasons for the grant of the consent sought to be modified had been considered.' 'Whether the 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 amended Modification Application had owner consent, had been appropriately notified, remained substantially the same as the parent development consent, appropriately addressed the relevant planning instruments and s 4.15 matters, and the agreed decision was one the Court could make in the proper exercise of its functions, the Court was required under s 34(3) of the Land and Environment Court Act 1979 to give effect to the parties' agreement and modify Development Consent DA-2022/95 subject to conditions.

Court Disposition

Modification application allowed by consent; Development Consent DA-2022/95 modified subject to conditions.

Orders

  • ['Leave is granted to the Applicant to amend Modification Application DA-2022/95 and rely upon the amended plans and documents referred to at Condition 2 of Annexure A.' 'Development Consent DA-2022/95 is modified in the terms set out at Annexure A.' 'Development Consent DA-2022/95 (as modified) is subject to the...