Ryan v Inner West Council [2020] NSWLEC 1230

Ryan v Inner West Council [2020] NSWLEC 1230

The Court was satisfied that all jurisdictional prerequisites for modifying the development consent were met, the proposal remained substantially the same as originally approved, no objections were received, and heritage and environmental considerations have been adequately addressed, requiring the Court to approve the parties’ decision in accordance with s 34(3) of the LEC Act.

Jurisdiction
Australia
Judgment Date
27 May 2020
Procedural Posture
Class 1 Appeal Under S 8.9 of the Environmental Planning and Assessment Act 1979 / Orders Following Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979
Outcome
Appeal upheld; modification application approved with conditions as per agreement.
Legal Topics
['development Application' 'modification of Consent' 'conciliation Conference' 'heritage Conservation']
['planning and Environment Law'] ['development Application' 'modification of Consent' 'conciliation Conference' 'heritage Conservation']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.9 of the Environmental Planning and Assessment Act 1979 / Orders Following Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the proposed modification is substantially the same development as originally approved' 'Whether jurisdictional prerequisites for consent are met under relevant planning instruments' 'Whether the proposed modification affects heritage-listed items or conservation areas']

Ratio Decidendi

The Court was satisfied that all jurisdictional prerequisites for modifying the development consent were met, the proposal remained substantially the same as originally approved, no objections were received, and heritage and environmental considerations have been adequately addressed, requiring the Court to approve the parties’ decision in accordance with s 34(3) of the LEC Act.

Court Disposition

Appeal upheld; modification application approved with conditions as per agreement.

Orders

  • ['The Applicant is granted leave to rely upon the amended plans referred to in Condition 1 of Annexure A.' 'The appeal is upheld.' 'Modification Application No. M/2019/109, to modify Development Consent No. D/2018/205, relating to 10 Montague Street, Balmain, is approved such that Development Consent No. D/2018/205...