Tarnawski v Woollahra Municipal Council [2020] NSWLEC 1379

Tarnawski v Woollahra Municipal Council [2020] NSWLEC 1379

Because the parties reached agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed modification was within the Court's power, had minimal environmental impact, related to substantially the same development, had been notified with submissions considered, and involved no jurisdictional impediment, the proceedings were disposed of in accordance with the agreed decision.

Jurisdiction
Australia
Judgment Date
20 August 2020
Procedural Posture
Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 Concerning Modification Application 544/2018/2 Under S 4.55(1 A) / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal allowed; development consent conditions modified; no order as to costs.
Legal Topics
['modification of Development Consent' 'conditions of Consent' 'conciliation Conference' 'agreement Between the Parties' 'vehicular Crossover and Driveway Works']
['planning and Environmental Law' 'land and Environment Court Procedure'] ['modification of Development Consent' 'conditions of Consent' 'conciliation Conference' 'agreement Between the Parties' 'vehicular Crossover and Driveway Works']

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 Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 Concerning Modification Application 544/2018/2 Under S 4.55(1 A) / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders modifying the conditions of consent in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the proposed modification was of minimal environmental impact and substantially the same development as originally approved.' 'Whether notification requirements and relevant matters under s 4.15(1) of the Environmental Planning and Assessment Act 1979 had been considered.']

Ratio Decidendi

Because the parties reached agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed modification was within the Court's power, had minimal environmental impact, related to substantially the same development, had been notified with submissions considered, and involved no jurisdictional impediment, the proceedings were disposed of in accordance with the agreed decision.

Court Disposition

Appeal allowed; development consent conditions modified; no order as to costs.

Orders

  • ['Appeal allowed.' 'Condition C.1 d) be deleted from the Modified Development Consent No. 544/2018/2 dated February 2020 and replaced with a condition requiring a 5.0m wide driveway, as measured at the property boundary, as illustrated in the plan prepared by Partridge Engineers annexed and marked "A".' 'Condition...