Barua No. 4 Pty Ltd v Randwick City Council [2024] NSWLEC 1091

Barua No. 4 Pty Ltd v Randwick City Council [2024] NSWLEC 1091

Because the amended modification application was made with the owner's consent, remained substantially the same as the parent development consent, had been publicly notified with the submission considered, complied with relevant planning instruments and regulatory requirements including BASIX and SEPP 65 requirements, and reflected a decision agreed by the parties that the Court could have made in the proper exercise of its functions, it was appropriate under s 34(3) of the Land and Environment Court Act 1979 to make the agreed orders granting consent to the amended modification application and modifying Development Consent DA676/2019.

Jurisdiction
Australia
Judgment Date
05 March 2024
Procedural Posture
Class 1 Modification Application / Orders Following Agreement Reached at Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Consent granted to Modification Application DA676/2019/B as amended; Development Consent DA676/2019 modified.
Legal Topics
['modification Application' 'residential Apartment Development' 'development Consent' 'conciliation Conference' 'agreement Between the Parties']
['planning and Environment Law'] ['modification Application' 'residential Apartment Development' 'development Consent' 'conciliation Conference' 'agreement Between the Parties']

Case Brief

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Procedural Posture

Class 1 Modification Application / Orders Following Agreement Reached at Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court could grant consent to Modification Application DA/676/2019/B as amended under s 4.55(8) of the Environmental Planning and Assessment Act 1979.' 'Whether the amended modification application satisfied the jurisdictional prerequisites for modification of the parent development consent.' "Whether, under s 34(3) of the Land and Environment Court Act 1979, the Court should dispose of the proceedings in accordance with the parties' agreed decision."]

Ratio Decidendi

Because the amended modification application was made with the owner's consent, remained substantially the same as the parent development consent, had been publicly notified with the submission considered, complied with relevant planning instruments and regulatory requirements including BASIX and SEPP 65 requirements, and reflected a decision agreed by the parties that the Court could have made in the proper exercise of its functions, it was appropriate under s 34(3) of the Land and Environment Court Act 1979 to make the agreed orders granting consent to the amended modification application and modifying Development Consent DA676/2019.

Court Disposition

Consent granted to Modification Application DA676/2019/B as amended; Development Consent DA676/2019 modified.

Orders

  • ['Consent is granted to Modification Application DA676/2019/B (as amended).' 'Development Consent DA676/2019 is modified in the terms set out at Annexure A.' 'Development Consent DA676/2019 as modified by the Court is set out at Annexure B.']