Ashfield Land Pty Ltd v Inner West Council [2020] NSWLEC 1305

Ashfield Land Pty Ltd v Inner West Council [2020] NSWLEC 1305

The modification application is approved as the agreement between the parties satisfies the jurisdictional and statutory requirements, and the matter is disposed of in accordance with s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Ashfield Land Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
15 July 2020
Procedural Posture
Modification Application (class 1) / Disposition Following Conciliation Under S 34 Land and Environment Court Act 1979
Outcome
Appeal upheld; modification application approved pursuant to agreement.
Legal Topics
Modification of Development Consent, Conciliation Conference, Residential Flat Building, Parking, Minor Building Changes
Environmental Law Planning Law Modification of Development Consent Conciliation Conference Residential Flat Building Parking Minor Building Changes

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Parties

Ashfield Land Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Modification Application (class 1) / Disposition Following Conciliation Under S 34 Land and Environment Court Act 1979

Legal Issues

  1. 1 Whether the modification application complies with s 4.56 of the Environmental Planning and Assessment Act 1979
  2. 2 Whether the jurisdictional requirements under the relevant planning instruments and legislation are met for the proposed modifications

Ratio Decidendi

The modification application is approved as the agreement between the parties satisfies the jurisdictional and statutory requirements, and the matter is disposed of in accordance with s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; modification application approved pursuant to agreement.

Orders

  • The applicant is granted leave to amend the modification application and rely on the specified amended plans.
  • The appeal is upheld.