Le Poidevin v Inner West Council [2023] NSWLEC 1420

Le Poidevin v Inner West Council [2023] NSWLEC 1420

The Court upheld the appeal and approved the modification application because the parties agreed to terms that satisfy statutory criteria for modification, the development as modified is substantially the same, appropriate procedural steps were followed, and there is no jurisdictional impediment to making the orders.

Parties
First Applicant: Aaron Jon Le Poidevin; Second Applicant: Sophie Louise Lilian Le Poidevin; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
03 August 2023
Procedural Posture
Class 1 Appeal / Conciliation Conference and Judgment
Outcome
Appeal upheld; modification consent granted
Legal Topics
Modification of Development Consent, Conciliation Agreement, Jurisdictional Prerequisites
Environmental Law Planning Law Modification of Development Consent Conciliation Agreement Jurisdictional Prerequisites

Case Brief

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Parties

Aaron Jon Le Poidevin

First Applicant

Sophie Louise Lilian Le Poidevin

Second Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Appeal / Conciliation Conference and Judgment

Legal Issues

  1. 1 Whether modification application relates to substantially the same development as originally approved
  2. 2 Whether jurisdictional prerequisites for s 4.55(2) Environmental Planning and Assessment Act 1979 are satisfied
  3. 3 Whether agreed amendment to roof pitch should be approved

Ratio Decidendi

The Court upheld the appeal and approved the modification application because the parties agreed to terms that satisfy statutory criteria for modification, the development as modified is substantially the same, appropriate procedural steps were followed, and there is no jurisdictional impediment to making the orders.

Court Disposition

Appeal upheld; modification consent granted

Orders

  • The appeal is upheld.
  • Modification application No MOD/2022/0233 to modify Development Consent No 2022/0070 is approved.