La Vie Developments Pty Ltd v Wollongong City Council [2020] NSWLEC 1255

La Vie Developments Pty Ltd v Wollongong City Council [2020] NSWLEC 1255

Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, including under ss 4.55(1A) and 7.13(3) of the Environmental Planning and Assessment Act 1979, and there was no jurisdictional impediment, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
16 June 2020
Procedural Posture
Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 Against Refusal of an Application to Modify Development Consent / Orders Following Conciliation Conference and Agreement Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; modification application approved.
Legal Topics
['modification of Development Consent' 'development Contributions' 'subdivision and Seniors Housing' 'conciliation Conference' 'agreement Between Parties']
['planning and Environment Law'] ['modification of Development Consent' 'development Contributions' 'subdivision and Seniors Housing' 'conciliation Conference' 'agreement Between Parties']

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Procedural Posture

Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 Against Refusal of an Application to Modify Development Consent / Orders Following Conciliation Conference and Agreement Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the proposed modification of development consent was a decision the Court could have made in the proper exercise of its functions.' 'Whether the Court had power to impose a contribution otherwise than in accordance with a relevant contributions plan under s 7.13(3) of the Environmental Planning and Assessment Act 1979.' 'Whether the modification involved no environmental impact for the purposes of s 4.55(1A) of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

Because the parties' agreed decision was one the Court could have made in the proper exercise of its functions, including under ss 4.55(1A) and 7.13(3) of the Environmental Planning and Assessment Act 1979, and there was no jurisdictional impediment, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; modification application approved.

Orders

  • ['The appeal is upheld.' 'Modification Application No. DA-2017/1711/D, to modify Development Consent No. D/2017/1711 ("Development Consent"), relating to Lot 400 in Deposited Plan 1252763, is approved such that the Development Consent is modified as set out at Annexure A.' 'The Court notes that as a consequence of...