Lipman v Waverley Council [2020] NSWLEC 1211

Lipman v Waverley Council [2020] NSWLEC 1211

The Court upheld the appeal and approved the modification application because the parties reached agreement, the jurisdictional prerequisites under s 4.56 of the Environmental Planning and Assessment Act 1979 were satisfied, and the agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
12 May 2020
Procedural Posture
Class 1 Appeal Concerning a Modification Application Under the Environmental Planning and Assessment Act 1979 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; modification application approved subject to conditions.
Legal Topics
['modification Application' 'development Consent' 'conciliation Conference' 'agreement Between Parties' 'jurisdictional Prerequisites' 'floor Space Ratio Development Standard']
['environmental Planning and Development' 'land and Environment Court Proceedings'] ['modification Application' 'development Consent' 'conciliation Conference' 'agreement Between Parties' 'jurisdictional Prerequisites' 'floor Space Ratio Development Standard']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the jurisdictional prerequisites for approval of the modification application under s 4.56 of the Environmental Planning and Assessment Act 1979 were satisfied.' "Whether the parties' agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

The Court upheld the appeal and approved the modification application because the parties reached agreement, the jurisdictional prerequisites under s 4.56 of the Environmental Planning and Assessment Act 1979 were satisfied, and the agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; modification application approved subject to conditions.

Orders

  • ['Leave is granted to the Applicant to rely upon the amended plans as referred to in the conditions 1(a)(ii) and 1(c).' 'The appeal is upheld.' "Modification application DA43/2018/B for the modification to approved dual occupancy development including altered basement layout to accommodate one additional car parking...