Lincoln v Blue Mountains City Council [2023] NSWLEC 1763

Lincoln v Blue Mountains City Council [2023] NSWLEC 1763

Because the amended modification application was substantially the same development as that originally approved, the relevant statutory and planning controls were satisfactorily addressed, and the parties' s 34 agreement embodied a decision within the Court's power, the Court was required to and did dispose of the proceedings in accordance with the parties' agreement by upholding the appeal and modifying development consent no. 2567.

Jurisdiction
Australia
Judgment Date
13 December 2023
Procedural Posture
Class 1 Appeal Concerning Refusal of a Modification Application for Alterations and Additions to Development Consent No. 2567 for Professional Consulting Rooms (chiropractor) / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent no. 2567 modified.
Legal Topics
['modification Application Under S 4.55(2) of the Environmental Planning and Assessment Act 1979' 'conciliation Agreement Under S 34 of the Land and Environment Court Act 1979' 'professional Consulting Rooms' 'zoning and Local Environmental Plan Controls' 'contamination' 'transport and Road Corridor Impacts' 'heritage Conservation Area' 'stormwater Management' 'vegetation and Ecological Constraints']
['environmental Planning and Assessment' 'land and Environment' 'development Consent Modification'] ['modification Application Under S 4.55(2) of the Environmental Planning and Assessment Act 1979' 'conciliation Agreement Under S 34 of the Land and Environment Court Act 1979' 'professional Consulting Rooms' 'zoning and Local Environmental Plan Controls' 'contamination' 'transport and Road Corridor Impacts' 'heritage Conservation Area' 'stormwater Management' 'vegetation and Ecological Constraints']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning Refusal of a Modification Application for Alterations and Additions to Development Consent No. 2567 for Professional Consulting Rooms (chiropractor) / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the amended modification application was substantially the same development as the development for which consent was originally granted.' "Whether the parties' agreement was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether relevant planning controls and jurisdictional preconditions, including contamination, transport, zoning, heritage, environmental, stormwater and essential services controls, were satisfactorily addressed.']

Ratio Decidendi

Because the amended modification application was substantially the same development as that originally approved, the relevant statutory and planning controls were satisfactorily addressed, and the parties' s 34 agreement embodied a decision within the Court's power, the Court was required to and did dispose of the proceedings in accordance with the parties' agreement by upholding the appeal and modifying development consent no. 2567.

Court Disposition

Appeal upheld; development consent no. 2567 modified.

Orders

  • ['The appeal is upheld.' 'Development consent no. 2567 is modified in the terms in Annexure A.' 'Development consent no. 2567 as modified by the Court is Annexure B.']