Parisi v Inner West Council [2021] NSWLEC 1216

Parisi v Inner West Council [2021] NSWLEC 1216

The Court approved the modification because the parties' agreed decision was one the Court could make in the proper exercise of its functions: the Court had power to modify its own consent, the proposed rewording of Condition 2(b) was of minimal environmental impact, the development remained substantially the same as the approved demolition, subdivision and construction of two townhouses with parking, relevant s 4.15 matters including parking and heritage impacts had been addressed, no objections or submissions were received after notification, and the modification resolved the conflict with the Parking Standard without detrimental heritage impact.

Jurisdiction
Australia
Judgment Date
30 April 2021
Procedural Posture
Class 1 Application to Modify a Development Consent Under S 4.55(8) of the Environmental Planning and Assessment Act 1979 / Final Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Modification application approved; development consent DA/2020/0286 modified by amending Condition 2(b) and incorporating the amended condition into the consolidated conditions.
Legal Topics
['modification of Development Consent' 'section 34 Conciliation Conference' 'development Consent Conditions' 'off Street Car Parking Standards' 'heritage Conservation Area' 'public Interest and Notification']
['environmental Planning and Assessment' 'land and Environment Court Proceedings'] ['modification of Development Consent' 'section 34 Conciliation Conference' 'development Consent Conditions' 'off Street Car Parking Standards' 'heritage Conservation Area' 'public Interest and Notification']

Case Brief

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Procedural Posture

Class 1 Application to Modify a Development Consent Under S 4.55(8) of the Environmental Planning and Assessment Act 1979 / Final Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the Court had power under s 4.55(8) of the Environmental Planning and Assessment Act 1979 to modify a development consent granted by it.' 'Whether the proposed modification to Condition 2(b) was of minimal environmental impact and resulted in substantially the same development as originally approved.' 'Whether the proposed amendment to garage floor levels should be approved to facilitate compliance with Australian/New Zealand Standard AS/NZS 2890.1:2004 Parking Facilities Part 1: Off-street Car Parking while maintaining acceptable heritage outcomes.' 'Whether the relevant s 4.15 matters, notification, absence of submissions and public interest considerations supported approval of the modification.']

Ratio Decidendi

The Court approved the modification because the parties' agreed decision was one the Court could make in the proper exercise of its functions: the Court had power to modify its own consent, the proposed rewording of Condition 2(b) was of minimal environmental impact, the development remained substantially the same as the approved demolition, subdivision and construction of two townhouses with parking, relevant s 4.15 matters including parking and heritage impacts had been addressed, no objections or submissions were received after notification, and the modification resolved the conflict with the Parking Standard without detrimental heritage impact.

Court Disposition

Modification application approved; development consent DA/2020/0286 modified by amending Condition 2(b) and incorporating the amended condition into the consolidated conditions.

Orders

  • ['The application in proceedings 2021/55816 to modify DA/2020/0286 made pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 is approved.' 'Development consent granted by the Court in proceedings number 177043 of 2020 (Parisi v Inner West Council [2020] NSWLEC 1601) being DA/2020/0286,...