Freedom Development Group Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1504

Freedom Development Group Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1504

Because the parties reached agreement at a s 34 conciliation conference and the Court was satisfied that the development as modified was substantially the same as the development originally approved, the Court could exercise its s 4.55(8) function and modify the consent to reduce the s 7.11 monetary contribution to $682,215 in accordance with the amended contribution plan calculation.

Jurisdiction
Australia
Judgment Date
25 October 2019
Procedural Posture
Class 1 Modification Application Pursuant to S 4.55(8) of the Environmental Planning and Assessment Act 1979 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Agreement Between the Parties
Outcome
The appeal is upheld and Development Consent 18/0531 is modified.
Legal Topics
['development Consent Modification' 'section 7.11 Development Contributions' 'conciliation Conference' 'boarding House Development']
['planning and Environment Law'] ['development Consent Modification' 'section 7.11 Development Contributions' 'conciliation Conference' 'boarding House Development']

Case Brief

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Procedural Posture

Class 1 Modification Application Pursuant to S 4.55(8) of the Environmental Planning and Assessment Act 1979 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the Court could modify Development Consent No. 18/0531 under s 4.55(8) of the Environmental Planning and Assessment Act 1979.' 'Whether the development as modified is substantially the same development as the development for which consent was originally granted.' 'Whether Part 2 condition 4 should be amended to reduce the monetary contribution required under s 7.11 of the Environmental Planning and Assessment Act 1979 and the Sutherland Shire Council Section 7.11 Development Contribution Plan 2016.']

Ratio Decidendi

Because the parties reached agreement at a s 34 conciliation conference and the Court was satisfied that the development as modified was substantially the same as the development originally approved, the Court could exercise its s 4.55(8) function and modify the consent to reduce the s 7.11 monetary contribution to $682,215 in accordance with the amended contribution plan calculation.

Court Disposition

The appeal is upheld and Development Consent 18/0531 is modified.

Orders

  • ['The appeal is upheld.' 'Development consent 18/0531 granted on 3 April 2019 for two boarding houses containing a total of 65 rooms and basement parking, is modified to amend the monetary contribution requirement in Part 2 condition 4 of the conditions of consent to $682,215, subject to the consolidated conditions...