Fortius Broadway No 1 Pty Ltd v Minister for Planning; The Owners – Strata Plan No 87881 v Minister for Planning; The Owners – Strata Plan No 88765 v Minister for Planning; The Owners – Strata Plan No 89262 v Minister for Planning [2024] NSWLEC 1730

Fortius Broadway No 1 Pty Ltd v Minister for Planning; The Owners – Strata Plan No 87881 v Minister for Planning; The Owners – Strata Plan No 88765 v Minister for Planning; The Owners – Strata Plan No 89262 v Minister for Planning [2024] NSWLEC 1730

The Court accepted the agreement between the parties to modify the Development Control Orders pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, being satisfied that such decision is one which it could have made in the proper exercise of its functions as required under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Fortius Broadway No 1 Pty Ltd; Applicant: The Owners – Strata Plan No 87881; Applicant: The Owners – Strata Plan No 88765; Applicant: The Owners – Strata Plan No 89262; Respondent: Minister for Planning
Jurisdiction
Australia
Judgment Date
12 November 2024
Procedural Posture
Class 1 Appeal / Final Judgment After Conciliation Conference and Agreement Between the Parties
Outcome
Appeals upheld; Development Control Orders modified by consent
Legal Topics
Development Control Orders, Fire Safety Orders, Appeal Procedure, Modification of Orders, Conciliation Conference, Building Product Bans
Environmental Law Planning Law Building Regulation Development Control Orders Fire Safety Orders Appeal Procedure Modification of Orders Conciliation Conference +1 more

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Parties

Fortius Broadway No 1 Pty Ltd

Applicant

The Owners – Strata Plan No 87881

Applicant

The Owners – Strata Plan No 88765

Applicant

The Owners – Strata Plan No 89262

Applicant

Minister for Planning

Respondent

Procedural Posture

Class 1 Appeal / Final Judgment After Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 Whether the Development Control Orders issued to the Applicants should be modified under s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 pursuant to agreement between the parties after conciliation.

Ratio Decidendi

The Court accepted the agreement between the parties to modify the Development Control Orders pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, being satisfied that such decision is one which it could have made in the proper exercise of its functions as required under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeals upheld; Development Control Orders modified by consent

Orders

  • In each proceeding (2023/37295, 2023/37305, 2023/37299, 2023/37297), the appeal is upheld and the relevant Development Control Order is modified in accordance with the agreed instruments annexed.