Johnson Property Group Pty Ltd v Minister for Planning [2019] NSWLEC 1644

Johnson Property Group Pty Ltd v Minister for Planning [2019] NSWLEC 1644

Because the Concept Plan remained subject to former Part 3A and s 75W, no statutory or planning instrument prohibition or restriction prevented the modification, the application satisfied the relevant jurisdictional prerequisites, and the agreed decision was one the Court could have made in the proper exercise of its functions, s 34 of the Land and Environment Court Act 1979 required the Court to dispose of the appeal in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
24 December 2019
Procedural Posture
Class 1 Appeal Against Deemed Refusal of an Application to Modify Concept Plan MP06 0309 Under S 75 W of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; application to modify Concept Plan MP06_0309 (MOD 3) approved subject to conditions in annexure A; no order as to costs except the prior order under section 8.15(3) of the Environmental Planning and Assessment Act 1979 made on 24 June 2019.
Legal Topics
['modification of Concept Plan' 'transitional Part 3 a Project' 'helipad Adjacent to Marina' 'conciliation Conference' 'agreement Between Parties' 'conditions of Approval']
['planning and Environment Law' 'land and Environment Court Procedure'] ['modification of Concept Plan' 'transitional Part 3 a Project' 'helipad Adjacent to Marina' 'conciliation Conference' 'agreement Between Parties' 'conditions of Approval']

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of an Application to Modify Concept Plan MP06 0309 Under S 75 W of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' s 34 agreement." 'Whether the application to modify Concept Plan MP06_0309 could legally be approved under s 75W of the Environmental Planning and Assessment Act 1979 as continued by the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017.' 'Whether any statutory planning instrument or jurisdictional prerequisite prohibited or restricted the proposed modification.']

Ratio Decidendi

Because the Concept Plan remained subject to former Part 3A and s 75W, no statutory or planning instrument prohibition or restriction prevented the modification, the application satisfied the relevant jurisdictional prerequisites, and the agreed decision was one the Court could have made in the proper exercise of its functions, s 34 of the Land and Environment Court Act 1979 required the Court to dispose of the appeal in accordance with the parties' agreement.

Court Disposition

Appeal upheld; application to modify Concept Plan MP06_0309 (MOD 3) approved subject to conditions in annexure A; no order as to costs except the prior order under section 8.15(3) of the Environmental Planning and Assessment Act 1979 made on 24 June 2019.

Orders

  • ['Leave is granted to the Applicant to make minor amendments to the application to modify Concept Plan MP06_0309 (MOD3).' 'The plans 37429(4)-DA-001-L: Location & Marina Context of Proposed Helipad, 37429(4)-DA-001-L: Plan of Proposed Helipad, and 37429(4)-DA-001-L: Typical Elevation of Proposed Helipad are updated...