Gartner Trovato Architects v Northern Beaches Council [2023] NSWLEC 1461

Gartner Trovato Architects v Northern Beaches Council [2023] NSWLEC 1461

The Court granted consent to the modification because the parties reached an agreement under s 34(3), the Commissioner was satisfied the decision was one the Court could make, the modified development remained quantitatively and qualitatively substantially the same as the approved child care centre, notification and submissions had been considered, relevant planning matters and child care space requirements were addressed, and no unreasonable impacts precluded approval.

Jurisdiction
Australia
Judgment Date
17 August 2023
Procedural Posture
Class 1 Modification Application / Section 34 Conciliation Conference; Agreement Reached and Orders Made
Outcome
Modification application approved by grant of consent subject to conditions.
Legal Topics
['modification of Development Consent' 'centre Based Child Care Centre' 'increase in Child Care Place Numbers' 'conciliation Conference' 'substantially the Same Development' 'notification and Submissions']
['planning and Environment Law' 'development Consent Modification'] ['modification of Development Consent' 'centre Based Child Care Centre' 'increase in Child Care Place Numbers' 'conciliation Conference' 'substantially the Same Development' 'notification and Submissions']

Case Brief

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Procedural Posture

Class 1 Modification Application / Section 34 Conciliation Conference; Agreement Reached and Orders Made

Legal Issues

  1. 1 ['Whether Modification Application No. 2023/0212 should be approved to increase child care places from 71 to 88.' 'Whether the development as modified is substantially the same development as originally approved.' 'Whether notification, submissions, relevant planning considerations and applicable child care requirements were adequately addressed.' 'Whether the agreement reached under s 34(3) of the Land and Environment Court Act 1979 was a decision the Court could make in the proper exercise of its functions.']

Ratio Decidendi

The Court granted consent to the modification because the parties reached an agreement under s 34(3), the Commissioner was satisfied the decision was one the Court could make, the modified development remained quantitatively and qualitatively substantially the same as the approved child care centre, notification and submissions had been considered, relevant planning matters and child care space requirements were addressed, and no unreasonable impacts precluded approval.

Court Disposition

Modification application approved by grant of consent subject to conditions.

Orders

  • ['Modification Application No. 2023/0212 seeking consent to modify child place numbers from 71 to 88 is determined by the grant of consent subject to the conditions in Annexure A.' 'Development consent N0200/16 which granted consent for demolition of existing structures and construction of a part single and part two...