Youssef v Lane Cove Municipal Council [2023] NSWLEC 1412

Youssef v Lane Cove Municipal Council [2023] NSWLEC 1412

Because the parties reached agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions, including because the proposed modification was of minimal environmental impact, the development remained substantially the same, notification requirements were met and submissions were considered, the proceedings were disposed of in accordance with the parties' agreement by upholding the appeal and modifying Development Consent No DA18/2021.

Jurisdiction
Australia
Judgment Date
01 August 2023
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 Concerning a Modification Application Under S 4.55(1 A) / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Consent No DA18/2021 modified.
Legal Topics
['modification Application' 'condition of Development Consent' 'acoustic Wall or Fence' 'conciliation Conference' 'agreement Between Parties']
['planning and Environment Law' 'development Consent Modification'] ['modification Application' 'condition of Development Consent' 'acoustic Wall or Fence' 'conciliation Conference' 'agreement Between Parties']

Case Brief

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 Concerning a Modification Application Under S 4.55(1 A) / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court should determine the modification application seeking to delete or alter Condition 4(C) of Development Consent No DA18/2021.' "Whether the parties' agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the proposed modification was of minimal environmental impact and resulted in substantially the same development.']

Ratio Decidendi

Because the parties reached agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions, including because the proposed modification was of minimal environmental impact, the development remained substantially the same, notification requirements were met and submissions were considered, the proceedings were disposed of in accordance with the parties' agreement by upholding the appeal and modifying Development Consent No DA18/2021.

Court Disposition

Appeal upheld; Development Consent No DA18/2021 modified.

Orders

  • ['The appeal is upheld.' 'Development Consent No DA18/2021 is modified in the terms in Annexure A.' 'Development Consent No DA18/2021 as modified by the Court is set out in Annexure B.']