Baron Corporation Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1575

Baron Corporation Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1575

The Court disposed of the proceedings in accordance with the parties' s 34(3) agreement because the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions: the modification was substantially the same development as originally approved, relevant statutory and planning matters had been considered, BASIX requirements were met, notification and submissions had been considered, and no jurisdictional impediment was identified.

Jurisdiction
Australia
Judgment Date
29 November 2019
Procedural Posture
Class 1 Appeal Under S 8.9 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of a Modification Application / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; modification application approved; Development Consent No. DA584/2014 modified subject to consolidated conditions.
Legal Topics
['modification Application' 'deemed Refusal' 'conciliation Conference' 'amended Plans' 'development Consent Conditions']
['planning and Environment' 'land and Environment Court Proceedings'] ['modification Application' 'deemed Refusal' 'conciliation Conference' 'amended Plans' 'development Consent Conditions']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.9 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of a Modification Application / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the modification sought under s 4.55(2) of the Environmental Planning and Assessment Act 1979 was substantially the same development as the development for which consent was originally granted.' 'Whether relevant matters under s 4.55(3) and s 4.15(1) of the Environmental Planning and Assessment Act 1979, BASIX requirements, cl 6.2 of the Woollahra Local Environmental Plan 2014, notification and submissions had been considered.']

Ratio Decidendi

The Court disposed of the proceedings in accordance with the parties' s 34(3) agreement because the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions: the modification was substantially the same development as originally approved, relevant statutory and planning matters had been considered, BASIX requirements were met, notification and submissions had been considered, and no jurisdictional impediment was identified.

Court Disposition

Appeal upheld; modification application approved; Development Consent No. DA584/2014 modified subject to consolidated conditions.

Orders

  • ["Leave is granted to the Applicant to rely upon the amended plans in Annexure 'A', and listed in Condition A.2(d) of Annexure B." 'The Appeal is upheld.' 'The Class 1 appeal against the deemed refusal of modification application DA 584/2014/14 at 39 Carlota Road, Double Bay is determined by approving the...