Boston Blyth Fleming v Northern Beaches Council [2019] NSWLEC 1302

Boston Blyth Fleming v Northern Beaches Council [2019] NSWLEC 1302

The prerequisites for exercising the modification power under s 4.55 of the Environmental Planning and Assessment Act 1979 were satisfied and an agreement reached by the parties under s 34(3) of the Land and Environment Court Act 1979 was within the Court's power, requiring the Court to make consent orders to uphold the appeal and approve the modification subject to agreed conditions.

Parties
Applicant: Boston Blyth Fleming; Respondent: Northern Beaches Council
Jurisdiction
Australia
Judgment Date
02 July 2019
Procedural Posture
Modification Application Appeal (development Consent) / Conciliation Conference Final Orders
Outcome
Appeal upheld. Modification application approved subject to conditions.
Legal Topics
Modification of Development Consent, Consent Authority Jurisdiction, Agreements at Conciliation
Planning and Environment Modification of Development Consent Consent Authority Jurisdiction Agreements at Conciliation

Case Brief

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Parties

Boston Blyth Fleming

Applicant

Northern Beaches Council

Respondent

Procedural Posture

Modification Application Appeal (development Consent) / Conciliation Conference Final Orders

Legal Issues

  1. 1 Whether proposed modifications are substantially the same as originally approved development
  2. 2 Whether jurisdictional prerequisites under s 4.55(2) and s 4.55(3) of the Environmental Planning and Assessment Act 1979 have been satisfied
  3. 3 Whether agreement between the parties is within Court's power to make

Ratio Decidendi

The prerequisites for exercising the modification power under s 4.55 of the Environmental Planning and Assessment Act 1979 were satisfied and an agreement reached by the parties under s 34(3) of the Land and Environment Court Act 1979 was within the Court's power, requiring the Court to make consent orders to uphold the appeal and approve the modification subject to agreed conditions.

Court Disposition

Appeal upheld. Modification application approved subject to conditions.

Orders

  • The Applicant is granted leave to amend Modification Application No N0183/15 (as modified) by deleting the request to delete Condition B13 as set out in the Statement of Environmental Effects dated 28 May 2018 prepared by Boston Blyth Fleming.
  • The Appeal is upheld.