Karakatsis Holdings Pty Ltd v City of Sydney [2019] NSWLEC 1273

Karakatsis Holdings Pty Ltd v City of Sydney [2019] NSWLEC 1273

The parties reached agreement to uphold the appeal and grant consent to the modification application. The Court was satisfied, on the amended plans, supporting documents and proposed conditions, that there were no jurisdictional impediments, the proposal satisfied s 4.55(1A) of the Environmental Planning and Assessment Act 1979, and the agreed decision was one the Court could have made in the proper exercise of its functions. The proceedings therefore had to be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
18 June 2019
Procedural Posture
Class 1 Appeal Against Refusal of Modification Application D/2017/994/c / Conciliation Conference; Agreement Between the Parties; Orders Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; consent granted to modification application D/2017/994/C subject to conditions.
Legal Topics
['modification Application' 'conciliation Conference' 'agreement Between Parties' 'development Consent' 'dual Occupancy Development' 'floor Space Ratio' 'sydney Local Environmental Plan 2012' 'sydney Development Control Plan 2012']
['planning and Environment' 'development Consent Modification' 'land and Environment Court Procedure'] ['modification Application' 'conciliation Conference' 'agreement Between Parties' 'development Consent' 'dual Occupancy Development' 'floor Space Ratio' 'sydney Local Environmental Plan 2012' 'sydney Development Control Plan 2012']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Modification Application D/2017/994/c / Conciliation Conference; Agreement Between the Parties; Orders Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court could make orders by agreement under s 34(3) of the Land and Environment Court Act 1979' 'Whether modification application D/2017/994/C satisfied the requirements of s 4.55(1A) of the Environmental Planning and Assessment Act 1979' 'Whether the amended plans and proposed conditions were consistent with the Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012' 'Whether the proposed modification was substantially the same as the approved development and caused further environmental impact']

Ratio Decidendi

The parties reached agreement to uphold the appeal and grant consent to the modification application. The Court was satisfied, on the amended plans, supporting documents and proposed conditions, that there were no jurisdictional impediments, the proposal satisfied s 4.55(1A) of the Environmental Planning and Assessment Act 1979, and the agreed decision was one the Court could have made in the proper exercise of its functions. The proceedings therefore had to be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; consent granted to modification application D/2017/994/C subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on the amended plans contained at Annexure A.' 'The Appeal is upheld.' 'Consent is granted to modification application D/2017/994/C modify Development Consent D/2017/994 to add an ensuite bathroom to Bedroom 2 of Apartment 2 to the approved dual occupancy development at 1...