EMCON Group Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1511

EMCON Group Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1511

Because the parties agreed to a decision upholding the appeal and approving the modification application, the Court was satisfied that the jurisdictional prerequisites under s 4.56 of the Environmental Planning and Assessment Act 1979 were met and that the agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979; the Court was therefore required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
01 September 2021
Procedural Posture
Class 1 Appeal Against Refusal of a Modification Application Under the Environmental Planning and Assessment Act 1979 / Orders Made Following Agreement at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Modification Application No. DA518/2018/3 approved subject to the modified conditions of consent annexed to the judgment and marked "A".
Legal Topics
['modification Application' 'conciliation Conference' 'jurisdictional Prerequisites' 'substantially the Same Development' 'notification and Submissions' 'consent Orders']
['environmental and Planning Law' 'development Consent Modification' 'land and Environment Court Procedure'] ['modification Application' 'conciliation Conference' 'jurisdictional Prerequisites' 'substantially the Same Development' 'notification and Submissions' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of a Modification Application Under the Environmental Planning and Assessment Act 1979 / Orders Made Following Agreement at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the jurisdictional requirements in s 4.56 of the Environmental Planning and Assessment Act 1979 were satisfied for approval of the modification application.' "Whether the parties' agreed decision was one 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 appeal should be upheld and the modification application approved subject to modified conditions of consent.']

Ratio Decidendi

Because the parties agreed to a decision upholding the appeal and approving the modification application, the Court was satisfied that the jurisdictional prerequisites under s 4.56 of the Environmental Planning and Assessment Act 1979 were met and that the agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979; the Court was therefore required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; Modification Application No. DA518/2018/3 approved subject to the modified conditions of consent annexed to the judgment and marked "A".

Orders

  • ['The appeal is upheld.' 'Modification Application No. DA518/2018/3, seeking to modify development consent DA518/2018 for the demolition of an existing building and construction of a five-storey residential flat building with 6 residential units including 2 affordable rental housing units, associated basement car...