Wati v Inner West Council [2019] NSWLEC 1401

Wati v Inner West Council [2019] NSWLEC 1401

Because the parties reached a valid s 34 agreement, the amended plans resolved the Council's contentions, the modified development was substantially the same as the approved development, notification had occurred with no submissions, and the relevant planning controls and s 4.15(1) matters were satisfied, the Court could properly uphold the appeal and approve the modification application.

Jurisdiction
Australia
Judgment Date
28 August 2019
Procedural Posture
Class 1 Appeal Under S 8.9 of the Environmental Planning and Assessment Act 1979 Against 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 by agreement under s 34(3).
Legal Topics
['modification Application' 'development Consent' 'conciliation Conference' 'section 34 Agreement' 'substantially the Same Development']
['planning and Environment Law' 'land and Environment Court Proceedings'] ['modification Application' 'development Consent' 'conciliation Conference' 'section 34 Agreement' 'substantially the Same Development']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.9 of the Environmental Planning and Assessment Act 1979 Against 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 jurisdictional prerequisites for modifying the consent under s 4.55(2) of the Environmental Planning and Assessment Act 1979 were satisfied.' "Whether the amended plans resolved the Council's contentions concerning character of the area, privacy and amenity."]

Ratio Decidendi

Because the parties reached a valid s 34 agreement, the amended plans resolved the Council's contentions, the modified development was substantially the same as the approved development, notification had occurred with no submissions, and the relevant planning controls and s 4.15(1) matters were satisfied, the Court could properly uphold the appeal and approve the modification application.

Court Disposition

Appeal upheld; modification application approved by agreement under s 34(3).

Orders

  • ['The applicant is granted leave to amend the modification application to rely upon the amended plans in Annexure A.' 'The appeal is upheld.' 'Modification Application No. M/2018/135 to modify Development Consent No. DA/2013/283 is determined by approving the modifications as set out in Annexure A.' 'As a...