Lala Developments Pty Ltd v Yass Valley Council [2024] NSWLEC 1347

Lala Developments Pty Ltd v Yass Valley Council [2024] NSWLEC 1347

The Court was satisfied, based on the parties' agreement and its own review, that the proposed modifications constituted minor changes and that the development as modified would remain substantially the same as originally approved, thereby satisfying jurisdictional requirements under s 4.55(1A) of the EPA Act and s 34(3) of the LEC Act. The Court therefore approved the modification and upheld the appeal in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
25 June 2024
Procedural Posture
Appeal – Modification Application / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent as modified approved under agreed conditions.
Legal Topics
['modification Application' 'development Consent' 'conciliation Conference' 'substantially the Same Development']
['planning and Environment Law'] ['modification Application' 'development Consent' 'conciliation Conference' 'substantially the Same Development']

Case Brief

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Procedural Posture

Appeal – Modification Application / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ["Whether the proposed modification yields a development 'substantially the same' as originally approved under s 4.55(1A) of the Environmental Planning and Assessment Act 1979" "Whether the Court should dispose of the proceedings in accordance with a parties' agreement under s 34(3) of the Land and Environment Court Act 1979"]

Ratio Decidendi

The Court was satisfied, based on the parties' agreement and its own review, that the proposed modifications constituted minor changes and that the development as modified would remain substantially the same as originally approved, thereby satisfying jurisdictional requirements under s 4.55(1A) of the EPA Act and s 34(3) of the LEC Act. The Court therefore approved the modification and upheld the appeal in accordance with the parties' agreement.

Court Disposition

Appeal upheld; development consent as modified approved under agreed conditions.

Orders

  • ['The appeal is upheld.' 'The Modification Application DA165253C, for the modification of Development Consent DA165253A (formerly 5.2016.253.2), is approved in the terms set out at Annexure B to this judgment.' 'The Development Consent DA165253A (formerly 5.2016.253.2), as modified by the Court, is subject to the...