Collaroy Street Pty Ltd v Northern Beaches Council [2024] NSWLEC 1062

Collaroy Street Pty Ltd v Northern Beaches Council [2024] NSWLEC 1062

The jurisdictional pre-requisites for the modification application were satisfied: the modified development remained substantially the same as the approved shop-top housing development, required consultation and notification had occurred with no submissions received, and the relevant s 4.15(1) matters and original reasons for consent had been considered. Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) required the Court to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
21 February 2024
Procedural Posture
Class 1 Appeal Concerning a Modification Application Made Direct to the Court Under S 4.55(8) of the Environmental Planning and Assessment Act 1979 / Orders Following Conciliation Conference and Agreement Between the Parties Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent DA2020/1453 modified in accordance with the agreed terms.
Legal Topics
['modification of Development Consent' 'conciliation Conference' 'agreement Between Parties' 'jurisdictional Pre Requisites for Modification Application' 'shop Top Housing Development']
['planning and Environment Law'] ['modification of Development Consent' 'conciliation Conference' 'agreement Between Parties' 'jurisdictional Pre Requisites for Modification Application' 'shop Top Housing Development']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a Modification Application Made Direct to the Court Under S 4.55(8) of the Environmental Planning and Assessment Act 1979 / Orders Following Conciliation Conference and Agreement Between the Parties Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the proposed modification would result in substantially the same development as originally approved for the purposes of s 4.55(2)(a) of the Environmental Planning and Assessment Act 1979.' 'Whether consultation, notification and submission requirements under s 4.55(2) of the Environmental Planning and Assessment Act 1979 had been satisfied.' 'Whether the relevant matters under s 4.15(1) and the reasons for the original consent had been considered as required by s 4.55(3) 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."]

Ratio Decidendi

The jurisdictional pre-requisites for the modification application were satisfied: the modified development remained substantially the same as the approved shop-top housing development, required consultation and notification had occurred with no submissions received, and the relevant s 4.15(1) matters and original reasons for consent had been considered. Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) required the Court to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development consent DA2020/1453 modified in accordance with the agreed terms.

Orders

  • ['The appeal is upheld.' 'Development consent DA2020/1453 is modified in the terms in Annexure A.' 'Development consent DA2020/1453 as modified by the Court is Annexure B.']