Kassira Pty Ltd v Canterbury-Bankstown Council [2020] NSWLEC 1404

Kassira Pty Ltd v Canterbury-Bankstown Council [2020] NSWLEC 1404

The Commissioner was satisfied that the agreed decisions in both appeals were decisions the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979: the modification would result in substantially the same development, notification had occurred and residents' submissions had been considered; and the acoustic wall was for a permissible use, involved no breach of applicable development standards and no jurisdictional preconditions were identified. The proceedings were therefore disposed of in accordance with the parties' agreements.

Jurisdiction
Australia
Judgment Date
01 September 2020
Procedural Posture
Class 1 Appeals Concerning a Modification Application and a Development Application / Orders Following Agreements Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeals upheld; leave to amend granted in both proceedings; modification application approved and development consent granted subject to conditions.
Legal Topics
['modification of Development Consent' 'development Application for Acoustic Wall' 'civil Engineering Works Depot' 'conciliation Conference' 'section 34 Agreement']
['planning and Environment' 'development Consent' 'land and Environment Court Procedure'] ['modification of Development Consent' 'development Application for Acoustic Wall' 'civil Engineering Works Depot' 'conciliation Conference' 'section 34 Agreement']

Case Brief

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Procedural Posture

Class 1 Appeals Concerning a Modification Application and a Development Application / Orders Following Agreements Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could grant leave to amend and approve the modification application under s 4.55(2) of the Environmental Planning and Assessment Act 1979 in accordance with the parties' agreement." "Whether the Court could grant leave to amend and grant development consent under s 4.16(1) of the Environmental Planning and Assessment Act 1979 in accordance with the parties' agreement." 'Whether the agreed decisions were ones the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.']

Ratio Decidendi

The Commissioner was satisfied that the agreed decisions in both appeals were decisions the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979: the modification would result in substantially the same development, notification had occurred and residents' submissions had been considered; and the acoustic wall was for a permissible use, involved no breach of applicable development standards and no jurisdictional preconditions were identified. The proceedings were therefore disposed of in accordance with the parties' agreements.

Court Disposition

Appeals upheld; leave to amend granted in both proceedings; modification application approved and development consent granted subject to conditions.

Orders

  • ['Proceedings 2018/374675: Leave is granted to the Applicant to amend the modification application and rely on Drawing No. 101 (Issue C) prepared by Ridge Design dated 11 March 2020, Drawing No. 101A (Issue C) prepared by Ridge Design dated 11 March 2020, Drawing No. 101B (Issue C) prepared by Ridge Design dated 11...