Duratyne Pty Ltd v Central Coast Council [2020] NSWLEC 1252

Duratyne Pty Ltd v Central Coast Council [2020] NSWLEC 1252

Because the parties reached an agreement on conditions and amended plans, and the Court was satisfied that the relevant jurisdictional prerequisites were met, that there were no jurisdictional impediments, and that the amended modification satisfied s 4.55(1A) of the Environmental Planning and Assessment Act 1979, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreed decision.

Jurisdiction
Australia
Judgment Date
16 June 2020
Procedural Posture
Class 1 Appeal Against Refusal of a Modification Application Under S 4.55(1 A) of the Environmental Planning and Assessment Act 1979 / Orders Made Following Conciliation Conference Under S 34 Aa(2) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; amended modification application conditionally approved.
Legal Topics
['modification of Development Consent' 'conciliation Conference' 'agreement Between Parties' 'environmental Planning Instruments' 'coastal Management' 'basix' 'environmental Conservation Zoning']
['planning and Environment Law' 'development Consent Modification'] ['modification of Development Consent' 'conciliation Conference' 'agreement Between Parties' 'environmental Planning Instruments' 'coastal Management' 'basix' 'environmental Conservation Zoning']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Against Refusal of a Modification Application Under S 4.55(1 A) of the Environmental Planning and Assessment Act 1979 / Orders Made Following Conciliation Conference Under S 34 Aa(2) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the amended modification application satisfied the requirements of s 4.55(1A) of the Environmental Planning and Assessment Act 1979.' 'Whether relevant jurisdictional prerequisites under the Fisheries Management Act 1994, State Environmental Planning Policy (Coastal Management) 2018, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Gosford Local Environmental Plan 2014 and Gosford Development Control Plan 2013 were satisfied.']

Ratio Decidendi

Because the parties reached an agreement on conditions and amended plans, and the Court was satisfied that the relevant jurisdictional prerequisites were met, that there were no jurisdictional impediments, and that the amended modification satisfied s 4.55(1A) of the Environmental Planning and Assessment Act 1979, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreed decision.

Court Disposition

Appeal upheld; amended modification application conditionally approved.

Orders

  • ['Leave is granted to the Applicant to rely upon the amended plans and documents listed in Condition 1.1 of Annexure "A" hereto and to delete the conditions of the consent relating to BASIX.' 'The appeal is upheld.' 'The modification application as amended to amend Development Consent DA53996/2018, which applies to...