Bernard Figtree Properties Pty Ltd v Wollongong City Council [2024] NSWLEC 1739

Bernard Figtree Properties Pty Ltd v Wollongong City Council [2024] NSWLEC 1739

The appeal succeeds because the proposed modification results in a development that is substantially the same as originally approved. Jurisdictional prerequisites in s 4.55(2) Environmental Planning and Assessment Act 1979 are satisfied; community submissions were considered, relevant merits assessed, and statutory agencies' approvals incorporated. The agreed conditions, annexures, and plans provide sufficient clarity and compliance. Court must dispose proceedings per parties' agreement under s 34(3) Land and Environment Court Act 1979.

Parties
Applicant: Bernard Figtree Properties Pty Ltd; Respondent: Wollongong City Council
Jurisdiction
Australia
Judgment Date
19 November 2024
Procedural Posture
Development Appeal / Class 1 Appeal; Post Conciliation Conference
Outcome
Appeal upheld; modification of development consent approved.
Legal Topics
Development Consent Modification, Residential Subdivision, Environmental Controls
Planning and Environment Development Consent Modification Residential Subdivision Environmental Controls

Case Brief

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Parties

Bernard Figtree Properties Pty Ltd

Applicant

Wollongong City Council

Respondent

Procedural Posture

Development Appeal / Class 1 Appeal; Post Conciliation Conference

Legal Issues

  1. 1 Whether the proposed modification satisfies jurisdictional prerequisites in s 4.55(2) Environmental Planning and Assessment Act 1979
  2. 2 Whether the proposed modification results in a development substantially the same as originally approved
  3. 3 Consideration of statutory requirements and environmental merits for modification approval

Ratio Decidendi

The appeal succeeds because the proposed modification results in a development that is substantially the same as originally approved. Jurisdictional prerequisites in s 4.55(2) Environmental Planning and Assessment Act 1979 are satisfied; community submissions were considered, relevant merits assessed, and statutory agencies' approvals incorporated. The agreed conditions, annexures, and plans provide sufficient clarity and compliance. Court must dispose proceedings per parties' agreement under s 34(3) Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; modification of development consent approved.

Orders

  • The appeal is upheld.
  • Development consent DA-1989/321 formerly relating to Lot 31 DP 939374 and Lot 2 DP 206753 known as Terrie Avenue, Figtree, is modified in the terms in Annexure A as underlined and noted as 'Amended Modification F' as it relates to the remaining undeveloped parcel lot 313 DP 1123222.