Keyser v Woollahra Municipal Council [2021] NSWLEC 1422

Keyser v Woollahra Municipal Council [2021] NSWLEC 1422

The Court could give effect to the parties' agreement because the modified development was substantially the same as the originally approved development, the application had been notified and relevant submissions considered, required documentation accompanied the amended application, and the Court had power under s 4.55(2) to approve the modification notwithstanding the non-compliant floor space ratio.

Jurisdiction
Australia
Judgment Date
23 July 2021
Procedural Posture
Class 1 Appeal Concerning an Application to Modify a Development Consent / Orders Made Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Consent No. 44/2020/1 modified.
Legal Topics
['modification Application Under S 4.55(2) of the Environmental Planning and Assessment Act 1979' 'conciliation Conference Agreement' 'breach of Development Standard' 'floor Space Ratio' 'amended Plans']
['planning and Environment Law' 'development Consent Modification'] ['modification Application Under S 4.55(2) of the Environmental Planning and Assessment Act 1979' 'conciliation Conference Agreement' 'breach of Development Standard' 'floor Space Ratio' 'amended Plans']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning an Application to Modify a Development Consent / Orders Made Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the modified development was substantially the same development as the development for which consent was originally granted.' 'Whether a modification application could be granted despite breach of the floor space ratio development standard.']

Ratio Decidendi

The Court could give effect to the parties' agreement because the modified development was substantially the same as the originally approved development, the application had been notified and relevant submissions considered, required documentation accompanied the amended application, and the Court had power under s 4.55(2) to approve the modification notwithstanding the non-compliant floor space ratio.

Court Disposition

Appeal upheld; Development Consent No. 44/2020/1 modified.

Orders

  • ['The Applicant is granted leave to rely upon the plans and documents listed in order 1.' 'The Appeal is upheld.' 'Development Consent No. 44/2020/1 is modified in the terms in Annexure A.' 'Development Consent No. 44/2020/1 as modified by the Court is Annexure B.']