Designcorp Architects Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1470

Designcorp Architects Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1470

The modification application was approved because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was within the Court's power: the modified development remained substantially the same as the originally approved residential flat building with affordable housing, with only a minor quantitative change from the substation and associated landscaping changes and no qualitative change to the form of development.

Jurisdiction
Australia
Judgment Date
06 August 2024
Procedural Posture
Class 1 Modification Application Pursuant to Section 4.55 of the Environmental Planning and Assessment Act 1979 / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Modification application approved subject to conditions; Development Consent No DA698/2021 modified.
Legal Topics
['modification of Development Consent' 'residential Flat Building' 'affordable Housing' 'electrical Substation' 'landscaped and Deep Soil Area Changes' 'section 34 Conciliation Agreement' 'jurisdictional Prerequisites']
['planning and Environment Law'] ['modification of Development Consent' 'residential Flat Building' 'affordable Housing' 'electrical Substation' 'landscaped and Deep Soil Area Changes' 'section 34 Conciliation Agreement' 'jurisdictional Prerequisites']

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Procedural Posture

Class 1 Modification Application Pursuant to Section 4.55 of the Environmental Planning and Assessment Act 1979 / 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 approve a modification application to add an electrical substation and make resulting changes to landscaped and deep soil area to a development consent previously granted by the Court.' 'Whether the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted.' 'Whether the agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.']

Ratio Decidendi

The modification application was approved because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was within the Court's power: the modified development remained substantially the same as the originally approved residential flat building with affordable housing, with only a minor quantitative change from the substation and associated landscaping changes and no qualitative change to the form of development.

Court Disposition

Modification application approved subject to conditions; Development Consent No DA698/2021 modified.

Orders

  • ['The modification application pursuant to section 4.55 of the Environmental Planning and Assessment Act 1979, to modify Development Consent No DA698/2021 granted by the Land and Environment Court of NSW on 8 April 2022 for demolition of the existing buildings and the construction of a 4-storey residential flat...