Cornish Group No. Six Pty Ltd v Dungog Shire Council [2022] NSWLEC 1637

Cornish Group No. Six Pty Ltd v Dungog Shire Council [2022] NSWLEC 1637

The Court was satisfied that the agreed decision was one it could make in the proper exercise of its functions because the proposed driveway modification had negligible environmental impact, required no removal of trees or significant vegetation, did not change the number or size of lots, and left the modified development substantially the same as the development originally approved. The proceedings therefore had to be disposed of in accordance with the parties' s 34 agreement by upholding the appeal and approving the modification application.

Jurisdiction
Australia
Judgment Date
16 November 2022
Procedural Posture
Class 1 Appeal Concerning a Modification Application to Modify a Development Consent / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Modification Application No. 36/2019/3 approved; Development Consent 36/2019 modified.
Legal Topics
['modification Application' 'development Consent' 'rural Subdivision' 'conciliation Conference' 'access Driveway' 'deemed Refusal Appeal']
['planning and Environment Law'] ['modification Application' 'development Consent' 'rural Subdivision' 'conciliation Conference' 'access Driveway' 'deemed Refusal Appeal']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a Modification Application to Modify a Development Consent / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979" 'Whether Modification Application No. 36/2019/3 involved minimal environmental impact and resulted in development substantially the same as the development for which consent was originally granted' 'Whether the modification application should be approved subject to conditions']

Ratio Decidendi

The Court was satisfied that the agreed decision was one it could make in the proper exercise of its functions because the proposed driveway modification had negligible environmental impact, required no removal of trees or significant vegetation, did not change the number or size of lots, and left the modified development substantially the same as the development originally approved. The proceedings therefore had to be disposed of in accordance with the parties' s 34 agreement by upholding the appeal and approving the modification application.

Court Disposition

Appeal upheld; Modification Application No. 36/2019/3 approved; Development Consent 36/2019 modified.

Orders

  • ['The appeal is upheld.' 'Modification Application No. 36/2019/3 to modify Development Consent 36/2019 is approved.' 'Development Consent 36/2019 is modified in the terms in Annexure A.' 'As a consequence of order (3), Development Consent 36/2019 is subject to the consolidated modified conditions set out in Annexure...