Join Constructions Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1551

Join Constructions Pty Ltd v Sutherland Shire Council [2024] NSWLEC 1551

The Court is satisfied that the modification application results in development substantially the same as originally approved, satisfies jurisdictional prerequisites, and complies with statutory provisions; thus, pursuant to s 34(3) of the Land and Environment Court Act 1979, the Court must dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
10 September 2024
Procedural Posture
Modification Application (class 1) / Post Conciliation Conference, Orders Made
Outcome
Modification application approved; development consent modified as per parties' agreement.
Legal Topics
['modification of Development Consent' 'conciliation Conference' 'jurisdictional Prerequisites']
['planning and Environment Law'] ['modification of Development Consent' 'conciliation Conference' 'jurisdictional Prerequisites']

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Procedural Posture

Modification Application (class 1) / Post Conciliation Conference, Orders Made

Legal Issues

  1. 1 ['Whether the modification application satisfies the requirements of s 4.55(2) of the Environmental Planning and Assessment Act 1979' 'Whether the modification results in development substantially the same as the originally approved development' "Whether the parties' agreement satisfies jurisdictional prerequisites under s 34 of the Land and Environment Court Act 1979"]

Ratio Decidendi

The Court is satisfied that the modification application results in development substantially the same as originally approved, satisfies jurisdictional prerequisites, and complies with statutory provisions; thus, pursuant to s 34(3) of the Land and Environment Court Act 1979, the Court must dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Modification application approved; development consent modified as per parties' agreement.

Orders

  • ['Pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979, Modification Application MA24/0132 is approved.' 'Development Consent No DA22/0151 is modified in the terms in Annexure A.' 'Development Consent No DA22/0151 as modified by the Court is Annexure B.']