Ajaka v Waverley Council [2022] NSWLEC 1191

Ajaka v Waverley Council [2022] NSWLEC 1191

The modification application satisfies jurisdictional prerequisites: the changes are not a radical transformation and the modified development is substantially the same as originally approved; requisite notification, consultation, and consideration of submissions occurred; thus, the Court is required by s 34(3) of the Land and Environment Court Act 1979 to make orders in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
08 April 2022
Procedural Posture
Class 1 Appeal (modification Application) / Final Orders After Conciliation Conference
Outcome
Appeal upheld; consent granted to modification application
Legal Topics
['modification Application' 'development Consent' 'conciliation Conference' 'jurisdictional Prerequisites']
['environmental and Planning Law'] ['modification Application' 'development Consent' 'conciliation Conference' 'jurisdictional Prerequisites']

Case Brief

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Procedural Posture

Class 1 Appeal (modification Application) / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the modified development is substantially the same as originally approved' 'Whether jurisdictional requirements under Environmental Planning and Assessment Act 1979 are met for modification' 'Whether consideration has been given to submissions required under the Act']

Ratio Decidendi

The modification application satisfies jurisdictional prerequisites: the changes are not a radical transformation and the modified development is substantially the same as originally approved; requisite notification, consultation, and consideration of submissions occurred; thus, the Court is required by s 34(3) of the Land and Environment Court Act 1979 to make orders in accordance with the parties' agreement.

Court Disposition

Appeal upheld; consent granted to modification application

Orders

  • ['Leave granted to applicant to amend modification application and rely on listed plans/documents in Annexure A.' 'Appeal is upheld.' 'Consent is granted to modification application number DA-238/2020/B in accordance with conditions in Annexure A.' 'Development consent DA-238/2020 is subject to consolidated,...