Close Street Developments Pty Limited v Canterbury-Bankstown Council [2019] NSWLEC 1491

Close Street Developments Pty Limited v Canterbury-Bankstown Council [2019] NSWLEC 1491

The Commissioner was satisfied that the identified jurisdictional prerequisites were met, including physical commencement of the original consent, substantial sameness of the proposed development, proper notification, provision of a BASIX Certificate, consistency with relevant State Environmental Planning Policies, and acceptability of the minor height exceedance. Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
15 October 2019
Procedural Posture
Class 1 Appeal Concerning a Modification Application to Modify Development Consent DA 339/2013 / Determination Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Modification Application No. DA-339/2013/A approved; Development Consent No. DA-339/2013 modified subject to consolidated modified conditions.
Legal Topics
['modification Application' 'development Consent' 'conciliation Conference' 'shop Top Housing Development' 'jurisdictional Prerequisites']
['planning and Environment Law'] ['modification Application' 'development Consent' 'conciliation Conference' 'shop Top Housing Development' 'jurisdictional Prerequisites']

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Procedural Posture

Class 1 Appeal Concerning a Modification Application to Modify Development Consent DA 339/2013 / Determination Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the jurisdictional prerequisites for determining the modification application under s 4.55(2) of the Environmental Planning and Assessment Act 1979 were satisfied.' "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 the appeal should be upheld and the modification application approved subject to amended plans and modified conditions.']

Ratio Decidendi

The Commissioner was satisfied that the identified jurisdictional prerequisites were met, including physical commencement of the original consent, substantial sameness of the proposed development, proper notification, provision of a BASIX Certificate, consistency with relevant State Environmental Planning Policies, and acceptability of the minor height exceedance. Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; Modification Application No. DA-339/2013/A approved; Development Consent No. DA-339/2013 modified subject to consolidated modified conditions.

Orders

  • ['The Applicant is granted leave to amend Modification Application No. DA-339/2013/A pursuant to Section 4.55(2) of the Environmental Planning and Assessment Act 1979 and rely upon the amended plans and documentation listed in the orders.' 'The appeal is upheld.' 'Modification Application No. DA-339/2013/A (as...