BR Building Service Pty Ltd v Strathfield Municipal Council [2021] NSWLEC 1652

BR Building Service Pty Ltd v Strathfield Municipal Council [2021] NSWLEC 1652

The Court upheld the appeal and approved the modification because the parties reached an agreement at a s 34 conciliation conference, the jurisdictional prerequisites under s 4.55 of the Environmental Planning and Assessment Act 1979 and relevant planning instruments were satisfied, and the agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
29 October 2021
Procedural Posture
Class 1 Appeal Against Refusal of a Modification Application for Development Consent / Section 34 Conciliation Conference; Agreed Orders
Outcome
Appeal upheld; modification application approved; consolidated development consent to be uploaded.
Legal Topics
['modification Application Under S 4.55(2)' 'substantially the Same Development' 'conciliation Agreement Under S 34' 'basement Deletion Condition' 'local Environmental Plan Compliance' 'contamination and BASIX Considerations']
['planning and Environment Law' 'development Consent Modification' 'land Use and Zoning'] ['modification Application Under S 4.55(2)' 'substantially the Same Development' 'conciliation Agreement Under S 34' 'basement Deletion Condition' 'local Environmental Plan Compliance' 'contamination and BASIX Considerations']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Against Refusal of a Modification Application for Development Consent / Section 34 Conciliation Conference; Agreed Orders

Legal Issues

  1. 1 ['Whether the proposed modified development was substantially the same development as the development for which consent was originally granted under s 4.55(2)(a) of the Environmental Planning and Assessment Act 1979.' 'Whether the notification, submissions, s 4.15(1) matters and reasons for the original consent had been considered as required by s 4.55 of the Environmental Planning and Assessment Act 1979.' "Whether the parties' agreed decision was one 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, including SEPP 55, SEPP BASIX and the Strathfield Local Environmental Plan 2012, were satisfied.']

Ratio Decidendi

The Court upheld the appeal and approved the modification because the parties reached an agreement at a s 34 conciliation conference, the jurisdictional prerequisites under s 4.55 of the Environmental Planning and Assessment Act 1979 and relevant planning instruments were satisfied, and the agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; modification application approved; consolidated development consent to be uploaded.

Orders

  • ['The appeal is upheld.' "The application to modify development consent No. DA2020/004/2 in the terms set out in Annexure 'A' is approved." "The terms of the consolidated Development Consent No. DA2020/004 are set out in Annexure 'B'." 'The Respondent is directed to upload the consolidated development consent to the...