Ghostin Group Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1446

Ghostin Group Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1446

The Commissioner found the parties' agreement was one that the Court could make in proper exercise of its functions, as the proposed modifications were of minimal environmental impact and the development as modified was substantially the same as originally approved, thus the Court was required to dispose of the proceedings according to the agreement under s 34(3) of the LEC Act.

Parties
Applicant: Ghostin Group Pty Ltd; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
20 September 2019
Procedural Posture
Class 1 Appeal (modification Application) / Final Orders Following Conciliation Conference and Agreement Under S 34
Outcome
Appeal upheld by consent, orders made modifying development consent subject to conditions.
Legal Topics
Modification of Development Consent, Consent Orders, Court Approval of S 34 Agreement
Planning and Environment Modification of Development Consent Consent Orders Court Approval of S 34 Agreement

Case Brief

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Parties

Ghostin Group Pty Ltd

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Class 1 Appeal (modification Application) / Final Orders Following Conciliation Conference and Agreement Under S 34

Legal Issues

  1. 1 Whether the Court should approve the parties' decision under s 34(3) of the Land and Environment Court Act 1979
  2. 2 Whether the proposed modification is of minimal environmental impact and substantially the same development as originally approved

Ratio Decidendi

The Commissioner found the parties' agreement was one that the Court could make in proper exercise of its functions, as the proposed modifications were of minimal environmental impact and the development as modified was substantially the same as originally approved, thus the Court was required to dispose of the proceedings according to the agreement under s 34(3) of the LEC Act.

Court Disposition

Appeal upheld by consent, orders made modifying development consent subject to conditions.

Orders

  • Leave granted to Applicant to rely on amended plans listed in Condition 1 at Annexure 'A'.
  • Development Consent DA 16/0722 for demolition of existing structures, construction of a dual occupancy and Torrens titles subdivision at Lot 46 DP 14986, 17 Crystal Street Sylvania (as modified by MA17/0218), is further modified in accordance with the amended plans listed in Condition 1 of Annexure 'A' and subject...