Geeves v Inner West Council [2021] NSWLEC 1463

Geeves v Inner West Council [2021] NSWLEC 1463

The proposed modification would add 14.4m2 of gross floor area to create an enclosed attic level and did not radically transform the approved development, so the modified development was substantially the same as the originally approved development. Proper notification, consultation and consideration of submissions occurred, the relevant s 4.15(1) matters and reasons for the original consent were considered, and Council agreed to the amended modification application. The parties' agreed decision was therefore one the Court could have made in the proper exercise of its functions, requiring the Court to dispose of the proceedings in accordance with that decision under s 34(3) of the Land...

Jurisdiction
Australia
Judgment Date
16 August 2021
Procedural Posture
Class 1 Appeal Under S 8.9 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Modification Application / Orders Following Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; modification application approved subject to modified conditions; each party to pay its own costs.
Legal Topics
['modification Application' 'conciliation Conference' 'substantially the Same Development' 'notification and Submissions' 'development Standards' 'floor Space Ratio']
['planning and Environment' 'development Consent Modification'] ['modification Application' 'conciliation Conference' 'substantially the Same Development' 'notification and Submissions' 'development Standards' 'floor Space Ratio']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Under S 8.9 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Modification Application / Orders Following Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted.' 'Whether proper notification and consultation occurred and submissions were considered.' 'Whether the relevant matters under s 4.15(1) of the Environmental Planning and Assessment Act 1979 and the reasons for the original consent were taken into consideration.' "Whether the parties' agreed decision was one the Court could have made in the proper exercise of its functions."]

Ratio Decidendi

The proposed modification would add 14.4m2 of gross floor area to create an enclosed attic level and did not radically transform the approved development, so the modified development was substantially the same as the originally approved development. Proper notification, consultation and consideration of submissions occurred, the relevant s 4.15(1) matters and reasons for the original consent were considered, and Council agreed to the amended modification application. The parties' agreed decision was therefore one the Court could have made in the proper exercise of its functions, requiring the Court to dispose of the proceedings in accordance with that decision under s 34(3) of the Land...

Court Disposition

Appeal upheld; modification application approved subject to modified conditions; each party to pay its own costs.

Orders

  • ['The appeal is upheld.' 'Modification Application No. MOD/20200416 to modify Development Consent DA201200276 originally granted by the Land and Environment Court on 5 July 2013 to demolish the two single storey dwelling houses and erect a three x two storey dwellings over basement garages with roof top terraces and...