Armada Avalon Pty Ltd (No 4) v Northern Beaches Council [2024] NSWLEC 1535

Armada Avalon Pty Ltd (No 4) v Northern Beaches Council [2024] NSWLEC 1535

The Court approved the Modification Application because the parties' agreed decision was one the Court could have made in the proper exercise of its functions: the modified development remained substantially the same as the approved seniors housing development, notification requirements were met, the modification was not inconsistent with the BASIX Certificate, the proposed building identification sign satisfied the relevant SEPP Industry and Employment criteria, and the modification did not alter compliance with the applicable SEPP Seniors 2004 requirements.

Jurisdiction
Australia
Judgment Date
03 September 2024
Procedural Posture
Class 1 Modification Application Under S 4.55 of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 Conciliation Conference Agreement
Outcome
Appeal upheld; Modification Application approved.
Legal Topics
['modification of Development Consent' 'seniors Housing' 'conciliation Conference' 'substantially the Same Development' 'building Identification Signage']
['planning and Environment Law'] ['modification of Development Consent' 'seniors Housing' 'conciliation Conference' 'substantially the Same Development' 'building Identification Signage']

Case Brief

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Procedural Posture

Class 1 Modification Application Under S 4.55 of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 Conciliation Conference Agreement

Legal Issues

  1. 1 ["Whether the proposed modification to Development Consent No. DA2019/1260 was within the Court's power under s 4.55 of the Environmental Planning and Assessment Act 1979." 'Whether the development as modified would be substantially the same as the development for which consent was originally granted.' 'Whether notification and consideration of submissions requirements were met.' '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.' 'Whether the modification remained consistent with applicable BASIX, signage and seniors housing planning instruments.']

Ratio Decidendi

The Court approved the Modification Application because the parties' agreed decision was one the Court could have made in the proper exercise of its functions: the modified development remained substantially the same as the approved seniors housing development, notification requirements were met, the modification was not inconsistent with the BASIX Certificate, the proposed building identification sign satisfied the relevant SEPP Industry and Employment criteria, and the modification did not alter compliance with the applicable SEPP Seniors 2004 requirements.

Court Disposition

Appeal upheld; Modification Application approved.

Orders

  • ['The Appeal is upheld.' 'The Modification Application seeking to modify Development Consent No. DA2019/1260 is approved and the Development Consent is modified as set out in Annexure A.' 'The Modification Application to Development Consent No. DA2019/1260, as approved by the Court, is subject to the consolidated...