Diro Group Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1316

Diro Group Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1316

The Court was satisfied that the agreed decision to uphold the appeal and approve the modification was one it could make in the proper exercise of its functions because the proposed modification was of minimal environmental impact, the development as modified was substantially the same as the development originally approved, and the application had been notified in accordance with the relevant development control plan with submissions considered. Accordingly, s 34(3) required disposal of the proceedings in accordance with the parties' decision.

Jurisdiction
Australia
Judgment Date
04 August 2020
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Modification Application Ma19/0415 / Orders Made Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Modification Application No. MA19/0415 approved by deletion of Part 1 Condition 2.
Legal Topics
['modification Application' 'deletion of Consent Conditions' 'conciliation Conference' 'agreement Between Parties' 'deemed Refusal']
['planning and Environment Law'] ['modification Application' 'deletion of Consent Conditions' 'conciliation Conference' 'agreement Between Parties' 'deemed Refusal']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Modification Application Ma19/0415 / Orders Made Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether Modification Application MA19/0415 should be approved by deleting conditions of consent imposed in the original consent.' "Whether the parties' 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." 'Whether the proposed modification was of minimal environmental impact and the modified development was substantially the same development as originally approved.']

Ratio Decidendi

The Court was satisfied that the agreed decision to uphold the appeal and approve the modification was one it could make in the proper exercise of its functions because the proposed modification was of minimal environmental impact, the development as modified was substantially the same as the development originally approved, and the application had been notified in accordance with the relevant development control plan with submissions considered. Accordingly, s 34(3) required disposal of the proceedings in accordance with the parties' decision.

Court Disposition

Appeal upheld; Modification Application No. MA19/0415 approved by deletion of Part 1 Condition 2.

Orders

  • ['The appeal is upheld.' "Modification Application No. MA19/0415 is approved by deletion of Part 1 Condition 2. A copy of the consolidated conditions of consent is contained in Annexure 'A'."]