John v Mid-Western Regional Council [2020] NSWLEC 1156

John v Mid-Western Regional Council [2020] NSWLEC 1156

The consent related to an 11 lot Torrens Title subdivision and, after deletion of condition 27(b), the development remained an unchanged 11 lot Torrens Title subdivision. The modification simply deleted an obsolete condition and the development as modified was substantially the same development as originally approved, so the parties' agreed decision was one the Court could have made in the proper exercise of its functions and the proceedings had to be disposed of in accordance with that decision.

Jurisdiction
Australia
Judgment Date
01 April 2020
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(1) of the Land and Environment Court Act 1979; Orders Made Following Agreement Between the Parties
Outcome
Application approved and development consent further modified.
Legal Topics
['modification of Development Consent' 'subdivision' 'conciliation Conference' 'substantially the Same Development' 'deletion of Consent Condition']
['planning and Environment Law' 'development Consent Modification' 'telecommunications Infrastructure'] ['modification of Development Consent' 'subdivision' 'conciliation Conference' 'substantially the Same Development' 'deletion of Consent Condition']

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(1) of the Land and Environment Court Act 1979; Orders Made Following Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the development consent could be further modified by deleting condition 27(b).' 'Whether the development as modified would be substantially the same development as the development for which consent was originally granted.' 'Whether the agreement reached by the parties was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.']

Ratio Decidendi

The consent related to an 11 lot Torrens Title subdivision and, after deletion of condition 27(b), the development remained an unchanged 11 lot Torrens Title subdivision. The modification simply deleted an obsolete condition and the development as modified was substantially the same development as originally approved, so the parties' agreed decision was one the Court could have made in the proper exercise of its functions and the proceedings had to be disposed of in accordance with that decision.

Court Disposition

Application approved and development consent further modified.

Orders

  • ['The application the subject of these proceedings, made pursuant to section 4.55(8) of the Environmental Planning and Assessment Act 1979, is approved.' 'That development consent granted by this Court in proceedings number 12269 of 2007 for the subdivision of the subject site, and as previously modified by this...