Wright v Inner West Council [2024] NSWLEC 1231

Wright v Inner West Council [2024] NSWLEC 1231

The Court was satisfied on the evidence and the parties' jurisdictional assessment that the agreed modified development remained substantially the same as the approved development, caused no further environmental impact, addressed notification and submissions, was consistent with the Inner West Local Environmental Plan 2022, improved resident amenity and functionality, and presented no jurisdictional impediment. Because the agreed decision was one the Court could make in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' decision.

Jurisdiction
Australia
Judgment Date
03 May 2024
Procedural Posture
Class 1 Appeal Relating to Modification Application Mod/2023/0209 Seeking to Amend Conditions Attached to Development Consent Da/2022/1149 / Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979; Agreement Between the Parties and Consent Orders
Outcome
Appeal upheld; Development Consent DA/2022/1149 modified by consent and made subject to consolidated conditions.
Legal Topics
['modification Application' 'onsite Parking Condition' 'torrens Title Subdivision Plan Correction' 'conciliation Conference' 'residential Amenity']
['planning and Environment Law' 'development Consent Modification' 'land Subdivision'] ['modification Application' 'onsite Parking Condition' 'torrens Title Subdivision Plan Correction' 'conciliation Conference' 'residential Amenity']

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Procedural Posture

Class 1 Appeal Relating to Modification Application Mod/2023/0209 Seeking to Amend Conditions Attached to Development Consent Da/2022/1149 / Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979; Agreement Between the Parties and Consent Orders

Legal Issues

  1. 1 ["Whether the Court could modify Development Consent DA/2022/1149 by consent under s 4.55 of the Environmental Planning and Assessment Act 1979 in accordance with the parties' agreement." 'Whether the modifications were substantially the same as the originally approved development and caused no further environmental impact.' 'Whether notification, submissions, owner consent and other jurisdictional requirements for the modification application were satisfied.']

Ratio Decidendi

The Court was satisfied on the evidence and the parties' jurisdictional assessment that the agreed modified development remained substantially the same as the approved development, caused no further environmental impact, addressed notification and submissions, was consistent with the Inner West Local Environmental Plan 2022, improved resident amenity and functionality, and presented no jurisdictional impediment. Because the agreed decision was one the Court could make in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' decision.

Court Disposition

Appeal upheld; Development Consent DA/2022/1149 modified by consent and made subject to consolidated conditions.

Orders

  • ['The appeal is upheld.' 'Development Consent DA/2022/1149 is modified by consent in the terms set out in Annexure A.' 'Development Consent DA/2022/1149 is subject to the consolidated conditions as modified by the Court and described in Annexure B.']