CWG Property Pty Limited v Willoughby City Council [2020] NSWLEC 1409

CWG Property Pty Limited v Willoughby City Council [2020] NSWLEC 1409

The Court upheld the appeal and approved the Modification Application because the parties reached a s 34 agreement, the jurisdictional prerequisites identified by the parties were satisfied, and the agreed decision was one the Court could have made in the proper exercise of its functions, requiring disposition in accordance with s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
04 September 2020
Procedural Posture
Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Modification Application No. DA 2017/240/a / Orders Following S 34 Conciliation Conference Agreement
Outcome
The appeal is upheld and Modification Application DA-2017/240/A is approved subject to conditions.
Legal Topics
['modification Application' 'hours of Operation' 'noise Impact' 'section 34 Conciliation Agreement' 'jurisdictional Prerequisites']
['environmental Planning and Assessment' 'land and Environment' 'development Consent Modification'] ['modification Application' 'hours of Operation' 'noise Impact' 'section 34 Conciliation Agreement' 'jurisdictional Prerequisites']

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Procedural Posture

Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Modification Application No. DA 2017/240/a / Orders Following S 34 Conciliation Conference Agreement

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision that 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 jurisdictional prerequisites for approval of Modification Application DA-2017/240/A were satisfied.' 'Whether development consent DA/2017/240 should be modified to permit ongoing 24-hour use of the approved gym subject to conditions.']

Ratio Decidendi

The Court upheld the appeal and approved the Modification Application because the parties reached a s 34 agreement, the jurisdictional prerequisites identified by the parties were satisfied, and the agreed decision was one the Court could have made in the proper exercise of its functions, requiring disposition in accordance with s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

The appeal is upheld and Modification Application DA-2017/240/A is approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Modification Application DA-2017/240/A seeking to modify development consent DA/2017/240 at G07/150 Mowbray Road, Willoughby, NSW is approved subject to the conditions set out in Annexure "A" to this agreement.']