Larsson v Randwick City Council [2020] NSWLEC 1649

Larsson v Randwick City Council [2020] NSWLEC 1649

All jurisdictional and substantive requirements having been met and the parties consenting to orders the Court could properly make, the appeal is upheld and approval for modification is granted subject to conditions.

Parties
Applicant: Ben Larsson; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
16 December 2020
Procedural Posture
Modification Application (class 1 Appeal) / Final Orders After Conciliation Conference
Outcome
Appeal upheld; application for modification approved subject to conditions; costs ordered
Legal Topics
Development Consent Modification, Appeal by Applicant, Conciliation Conference, Approval Conditions
Planning and Environment Law Development Consent Modification Appeal by Applicant Conciliation Conference Approval Conditions

Case Brief

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Parties

Ben Larsson

Applicant

Randwick City Council

Respondent

Procedural Posture

Modification Application (class 1 Appeal) / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the proposed modification is substantially the same development as previously approved
  2. 2 Whether jurisdictional prerequisites under s 4.55(2) EP&A Act are met
  3. 3 Whether conciliation agreement is within the proper exercise of the Court's functions

Ratio Decidendi

All jurisdictional and substantive requirements having been met and the parties consenting to orders the Court could properly make, the appeal is upheld and approval for modification is granted subject to conditions.

Court Disposition

Appeal upheld; application for modification approved subject to conditions; costs ordered

Orders

  • The Applicant is granted leave to amend the modification application and rely upon specified plans.
  • The Applicant is to pay the Respondent's costs thrown away on the amended plans in the agreed amount of $1,000.