Coopes Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1560

Coopes Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1560

Because the parties' agreed decision was one the Court could have made, and the Court was satisfied that the amended modification application was substantially the same as the approved development, complied with the relevant WLEP and WDCP controls including cl 6.3, had no known environmental impacts, had been notified with no submissions, and raised no concurrence or jurisdictional impediments, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to uphold the appeal and approve the modification application subject to conditions.

Jurisdiction
Australia
Judgment Date
19 November 2019
Procedural Posture
Class 1 Appeal Under S 8.9 of the Environmental Planning and Assessment Act 1979 Against Part Refusal of Modification Application DA 212/2017/2 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Modification Application DA 212/2017/2 approved subject to conditions.
Legal Topics
['modification Application' 'development Consent Conditions' 'flood Barrier' 'conciliation Conference' 'agreement Between the Parties']
['planning and Environment Law'] ['modification Application' 'development Consent Conditions' 'flood Barrier' 'conciliation Conference' 'agreement Between the Parties']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.9 of the Environmental Planning and Assessment Act 1979 Against Part Refusal of Modification Application DA 212/2017/2 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["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 Modification Application DA 212/2017/2 satisfied the jurisdictional requirements of s 4.55(1A) of the Environmental Planning and Assessment Act 1979.' 'Whether the amended plans and conditions satisfied the Woollahra Local Environmental Plan 2014 and Woollahra Development Control Plan 2015, including the flood planning standard in cl 6.3 of the Woollahra Local Environmental Plan 2014.']

Ratio Decidendi

Because the parties' agreed decision was one the Court could have made, and the Court was satisfied that the amended modification application was substantially the same as the approved development, complied with the relevant WLEP and WDCP controls including cl 6.3, had no known environmental impacts, had been notified with no submissions, and raised no concurrence or jurisdictional impediments, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to uphold the appeal and approve the modification application subject to conditions.

Court Disposition

Appeal upheld; Modification Application DA 212/2017/2 approved subject to conditions.

Orders

  • ["Leave is granted to the Applicant to rely upon the amended plans listed in Condition A.8 at Annexure 'A'." 'The Appeal is upheld.' 'Modification Application DA 212/2017/2 seeking to modify Development Consent DA212/2017 for significant alterations and additions to an existing commercial building at 3 Knox Street,...