Shamieh v Waverley Council [2020] NSWLEC 1586

Shamieh v Waverley Council [2020] NSWLEC 1586

The Court was satisfied that applicable statutory and jurisdictional prerequisites for a modification under s 4.55(8) of the Environmental Planning and Assessment Act 1979 were met; the parties' agreement was one the Court could have made in proper exercise of its functions, and modifications were approved subject to new and consolidated conditions.

Parties
Applicant: Belinda Barbara Shamieh; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
25 November 2020
Procedural Posture
Modification Application Class 1 / Final Orders After Conciliation Conference
Outcome
Appeal upheld; modifications to development consent approved subject to conditions
Legal Topics
Development Consent Modification, Conciliation Conference, Court Orders
Planning and Environment Development Consent Modification Conciliation Conference Court Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Belinda Barbara Shamieh

Applicant

Waverley Council

Respondent

Procedural Posture

Modification Application Class 1 / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the proposed modifications to development consent 2018/59531 should be granted under s 4.55(8) of the Environmental Planning and Assessment Act 1979
  2. 2 Whether jurisdictional prerequisites under s 4.55(2) have been satisfied for modification
  3. 3 Whether the modified development is substantially the same as originally approved

Ratio Decidendi

The Court was satisfied that applicable statutory and jurisdictional prerequisites for a modification under s 4.55(8) of the Environmental Planning and Assessment Act 1979 were met; the parties' agreement was one the Court could have made in proper exercise of its functions, and modifications were approved subject to new and consolidated conditions.

Court Disposition

Appeal upheld; modifications to development consent approved subject to conditions

Orders

  • The appeal is upheld.
  • Modifications to Development Consent No. 2018/59531 are approved as per amended plans.