Ivy No. 16 Pty Ltd v Inner West Council [2023] NSWLEC 1526

Ivy No. 16 Pty Ltd v Inner West Council [2023] NSWLEC 1526

The agreement reached by the parties is accepted as the modification results in a development substantially the same as originally consented, passes relevant legislative tests, raises no jurisdictional barriers, and has no unacceptable heritage or planning impacts. The Court must dispose of the proceedings in accordance with the agreement under s 34(3) of the LEC Act.

Parties
Applicant: Ivy No. 16 Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
14 September 2023
Procedural Posture
Class 1 Modification Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; modification granted
Legal Topics
Modification Application, Dual Occupancy, Heritage Conservation, Agreement Between Parties
Planning and Environment Modification Application Dual Occupancy Heritage Conservation Agreement Between Parties

Case Brief

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Parties

Ivy No. 16 Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Modification Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the proposed development as modified is substantially the same as the original consent
  2. 2 Jurisdictional prerequisites for modification under s 34(3) of the Land and Environment Court Act 1979
  3. 3 Heritage impacts under Inner West Local Environmental Plan 2013 cl 5.10

Ratio Decidendi

The agreement reached by the parties is accepted as the modification results in a development substantially the same as originally consented, passes relevant legislative tests, raises no jurisdictional barriers, and has no unacceptable heritage or planning impacts. The Court must dispose of the proceedings in accordance with the agreement under s 34(3) of the LEC Act.

Court Disposition

Appeal upheld; modification granted

Orders

  • The appeal is upheld.
  • The modification application is approved as set out in Annexure A.