Hokayem v City of Parramatta Council [2021] NSWLEC 1007

Hokayem v City of Parramatta Council [2021] NSWLEC 1007

Because the parties reached agreement on changes to the built elements not in accordance with the development consent, and the Court was satisfied that the modified development would have minimal environmental impact, would remain substantially the same development as originally approved, and that notification and submissions requirements were adequately addressed, the agreed decision was one the Court could make and the appeals were upheld with orders modifying the consent, modifying the development control order and providing for issue of a building information certificate after specified works.

Jurisdiction
Australia
Judgment Date
21 January 2021
Procedural Posture
Class 1 Appeals Concerning a Modification Application, a Development Control Order and a Building Information Certificate Application / Final Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeals upheld in proceedings 2018/387699, 2018/387918 and 2019/242510.
Legal Topics
['modification Application' 'development Consent' 'development Control Order' 'building Information Certificate' 'conciliation Conference' 'minimal Environmental Impact' 'substantially the Same Development']
['environmental Planning and Development' 'land and Environment Court Proceedings'] ['modification Application' 'development Consent' 'development Control Order' 'building Information Certificate' 'conciliation Conference' 'minimal Environmental Impact' 'substantially the Same Development']

Case Brief

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Procedural Posture

Class 1 Appeals Concerning a Modification Application, a Development Control Order and a Building Information Certificate Application / Final Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision 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 the proposed modification satisfied the jurisdictional prerequisites in s 4.55(1A) of the Environmental Planning and Assessment Act 1979.' 'Whether the development control order should be modified under s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979.' 'What orders should be made in relation to the building information certificate application under s 8.25(3) of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

Because the parties reached agreement on changes to the built elements not in accordance with the development consent, and the Court was satisfied that the modified development would have minimal environmental impact, would remain substantially the same development as originally approved, and that notification and submissions requirements were adequately addressed, the agreed decision was one the Court could make and the appeals were upheld with orders modifying the consent, modifying the development control order and providing for issue of a building information certificate after specified works.

Court Disposition

Appeals upheld in proceedings 2018/387699, 2018/387918 and 2019/242510.

Orders

  • ['Proceedings 2018/387699: the applicant was granted leave to amend Modification Application No. 591/2017/4 to rely on amended plans and documentation listed at condition 1 of the consolidated conditions of consent at Annexure A.' 'Proceedings 2018/387699: the appeal was upheld.' 'Proceedings 2018/387699:...