Parisi v Inner West Council [2022] NSWLEC 1676

Parisi v Inner West Council [2022] NSWLEC 1676

Because the Modification Application was made with the written consent of the landowners, remained substantially the same as the parent development consent, was notified with no submissions received, was permissible with consent in the R1 General Residential zone, maintained relevant development standards and satisfied the relevant provisions of the IWLEP and BASIX requirements, the parties' agreed decision was one the Court could have made in the proper exercise of its functions; the Court therefore made the agreed orders under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
06 December 2022
Procedural Posture
Class 1 Appeal Concerning a Modification Application Under the Environmental Planning and Assessment Act 1979 / Orders Made After Agreement Reached at Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Consent DA2020/0286 modified.
Legal Topics
['modification Application' 'dwelling House Development' 'conciliation Conference' 'substantially the Same Development' 'environmental Planning Instruments' 'basix']
['planning and Environment Law' 'development Consent Modification'] ['modification Application' 'dwelling House Development' 'conciliation Conference' 'substantially the Same Development' 'environmental Planning Instruments' 'basix']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Concerning a Modification Application Under the Environmental Planning and Assessment Act 1979 / Orders Made After Agreement Reached at Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could exercise its function under s 4.55(8) of the Environmental Planning and Assessment Act 1979 to modify Development Consent DA2020/0286 in accordance with the parties' agreement." 'Whether the Modification Application satisfied the jurisdictional prerequisites, including owner consent, substantial sameness, notification, permissibility and compliance with relevant planning controls.']

Ratio Decidendi

Because the Modification Application was made with the written consent of the landowners, remained substantially the same as the parent development consent, was notified with no submissions received, was permissible with consent in the R1 General Residential zone, maintained relevant development standards and satisfied the relevant provisions of the IWLEP and BASIX requirements, the parties' agreed decision was one the Court could have made in the proper exercise of its functions; the Court therefore made the agreed orders under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; Development Consent DA2020/0286 modified.

Orders

  • ['Leave is granted to the Applicants to amend DA2020/0286 and rely on the amended plans and documents included at Annexure A.' 'The appeal is upheld.' 'Development Consent DA2020/0286 is modified in the terms set out at Annexure B.' 'Development Consent DA2020/0286 as modified by the Court is set out at Annexure C.']