Attena Group Pty Ltd v Randwick City Council [2022] NSWLEC 1163

Attena Group Pty Ltd v Randwick City Council [2022] NSWLEC 1163

Because the parties reached an agreement under s 34 of the Land and Environment Court Act 1979, the amended modification application complied with cl 121B of the Environmental Planning and Assessment Regulation 2000, and the Commissioner was satisfied that the statutory preconditions in s 4.56 of the Environmental Planning and Assessment Act 1979 were met and that the agreed decision was one the Court could make in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
08 April 2022
Procedural Posture
Class 1 Appeal Concerning a Modification Application for a Dual Occupancy Development / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; modification application approved subject to conditions in Annexure A.
Legal Topics
['modification Application' 'dual Occupancy Development' 'conciliation Conference' 'agreement Between Parties' 'amended Plans']
['environmental and Planning Law' 'land and Environment Court Procedure'] ['modification Application' 'dual Occupancy Development' 'conciliation Conference' 'agreement Between Parties' 'amended Plans']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a Modification Application for a Dual Occupancy Development / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court could determine the modification application pursuant to s 4.56 of the Environmental Planning and Assessment Act 1979 in the proper exercise of its functions.' 'Whether the development as modified was substantially the same development as the development for which consent was originally granted.' 'Whether the statutory preconditions for notification and consideration of submissions under s 4.56 of the Environmental Planning and Assessment Act 1979 were met.' "Whether orders should be made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

Because the parties reached an agreement under s 34 of the Land and Environment Court Act 1979, the amended modification application complied with cl 121B of the Environmental Planning and Assessment Regulation 2000, and the Commissioner was satisfied that the statutory preconditions in s 4.56 of the Environmental Planning and Assessment Act 1979 were met and that the agreed decision was one the Court could make in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld; modification application approved subject to conditions in Annexure A.

Orders

  • ['That the appeal is upheld.' 'Modification Application No. DA/292/2019/A for amendments to a dual occupancy development including a hip roofed form on the western façade, changes to the southern façade and the use of the dual occupancy at 285 Malabar Road, Maroubra is approved subject to the conditions set out in...