Lim v Randwick City Council [2024] NSWLEC 1497

Lim v Randwick City Council [2024] NSWLEC 1497

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, the jurisdictional prerequisites were addressed, the relevant matters under ss 4.56(1A) and 4.15(1) of the Environmental Planning and Assessment Act 1979 were considered, and the Commissioner was satisfied that the modified development remained substantially the same development as originally approved, the Court could make orders giving effect to the agreed modification of the development consent.

Jurisdiction
Australia
Judgment Date
15 August 2024
Procedural Posture
Class 1 Appeal Concerning a Modification Application Under S 4.56 of the Environmental Planning and Assessment Act 1979 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Agreement Reached and Final Orders Made
Outcome
Appeal upheld; development consent modified in accordance with the agreed terms.
Legal Topics
['modification of a Development Consent Granted by the Court' 'conciliation Conference' 'agreement Under S 34 of the Land and Environment Court Act 1979' 'substantially the Same Development' 'development Consent Conditions']
['planning and Environment Law' 'development Consent Modification'] ['modification of a Development Consent Granted by the Court' 'conciliation Conference' 'agreement Under S 34 of the Land and Environment Court Act 1979' 'substantially the Same Development' 'development Consent Conditions']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a Modification Application Under S 4.56 of the Environmental Planning and Assessment Act 1979 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Agreement Reached and Final Orders Made

Legal Issues

  1. 1 ['Whether leave should be granted to the applicant to rely on the Amended Application.' "Whether the Court could dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the development to which the consent as modified relates is substantially the same development as that originally granted consent.' 'Whether Development Consent No. DA/236/2019/A should be modified under s 4.56(1) of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, the jurisdictional prerequisites were addressed, the relevant matters under ss 4.56(1A) and 4.15(1) of the Environmental Planning and Assessment Act 1979 were considered, and the Commissioner was satisfied that the modified development remained substantially the same development as originally approved, the Court could make orders giving effect to the agreed modification of the development consent.

Court Disposition

Appeal upheld; development consent modified in accordance with the agreed terms.

Orders

  • ['Leave is granted to the applicant to rely on the Amended Application.' 'The appeal is upheld.' 'Development Consent No. DA/236/2019/A for alterations and additions to an existing garage, including the construction of a first floor over the garage at 119 Garden Street, Maroubra, is modified in accordance with the...