Archidrome Pty Ltd v Blacktown City Council [2023] NSWLEC 1393

Archidrome Pty Ltd v Blacktown City Council [2023] NSWLEC 1393

The modification application was granted because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could make: the modifications were confined to onsite stormwater drainage, one lot size and changing part of the subdivision from community title to Torrens title; the essential elements of the subdivision, road and dwelling design remained; the physical changes were matters of detail concerning peripheral aspects; there would be no impact on the natural and built environment; the development as modified was substantially the same as that originally approved; and the...

Jurisdiction
Australia
Judgment Date
21 July 2023
Procedural Posture
Class 1 Application to Modify a Development Consent / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Reached and Final Orders Made
Outcome
The application was granted and Development Consent No. DA-21-00897 was modified.
Legal Topics
['modification of Development Consent' 'residential Subdivision' 'conciliation Conference' 'minimal Environmental Impact' 'substantially the Same Development']
['environmental Planning and Assessment' 'land and Environment Court Procedure'] ['modification of Development Consent' 'residential Subdivision' 'conciliation Conference' 'minimal Environmental Impact' 'substantially the Same Development']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Application to Modify a Development Consent / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Reached and Final Orders Made

Legal Issues

  1. 1 ['Whether the Court should grant the modification application pursuant to s 4.55(1A) of the Environmental Planning and Assessment Act 1979.' 'Whether the proposed modification is of minimal environmental impact and the development as modified is substantially the same development as originally approved.' 'Whether the notification requirements of s 4.55(1A)(c) of the Environmental Planning and Assessment Act 1979 were met.' 'Whether the 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 modification application was granted because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could make: the modifications were confined to onsite stormwater drainage, one lot size and changing part of the subdivision from community title to Torrens title; the essential elements of the subdivision, road and dwelling design remained; the physical changes were matters of detail concerning peripheral aspects; there would be no impact on the natural and built environment; the development as modified was substantially the same as that originally approved; and the...

Court Disposition

The application was granted and Development Consent No. DA-21-00897 was modified.

Orders

  • ['The application is granted.' 'Development Consent No. DA-21-00897 is modified in the terms at Annexure A.' 'As a consequence of Order (2), Development Consent No. DA-21-00897 is subject to the consolidated, modified conditions of consent at Annexure B.']