Richards v Waverley Council [2020] NSWLEC 1186

Richards v Waverley Council [2020] NSWLEC 1186

The Court was satisfied that the agreed decision was one it could make in the proper exercise of its functions because the proposed modification to privacy screens was of minimal environmental impact, did not qualitatively or quantitatively change the dwelling in any substantive manner and resulted in substantially the same development as originally approved, and notification and the objecting submission had been considered. Accordingly, under s 34(3) of the Land and Environment Court Act 1979, the proceedings were disposed of in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
22 April 2020
Procedural Posture
Class 1 Appeal Concerning Conditions of Consent Imposed With Approval of a Modification Application / Conciliation Conference; Agreement Reached Under S 34(3) of the Land and Environment Court Act 1979 and Orders Made
Outcome
Appeal upheld; Modification Application No. DA-336/2018/A approved.
Legal Topics
['modification Application' 'development Consent' 'privacy Screens' 'minimal Environmental Impact' 'substantially the Same Development' 'conciliation Conference']
['environmental Planning and Assessment' 'land and Environment Court Procedure'] ['modification Application' 'development Consent' 'privacy Screens' 'minimal Environmental Impact' 'substantially the Same Development' 'conciliation Conference']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning Conditions of Consent Imposed With Approval of a Modification Application / Conciliation Conference; Agreement Reached Under S 34(3) of the Land and Environment Court Act 1979 and Orders Made

Legal Issues

  1. 1 ['Whether the agreed decision upholding the appeal was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether the modification application under s 4.55(1A) of the Environmental Planning and Assessment Act 1979 involved minimal environmental impact.' 'Whether the modified development would be substantially the same development as that originally approved.' 'Whether notification requirements were satisfied and the objecting submission had been considered.']

Ratio Decidendi

The Court was satisfied that the agreed decision was one it could make in the proper exercise of its functions because the proposed modification to privacy screens was of minimal environmental impact, did not qualitatively or quantitatively change the dwelling in any substantive manner and resulted in substantially the same development as originally approved, and notification and the objecting submission had been considered. Accordingly, under s 34(3) of the Land and Environment Court Act 1979, the proceedings were disposed of in accordance with the parties' agreement.

Court Disposition

Appeal upheld; Modification Application No. DA-336/2018/A approved.

Orders

  • ['The appeal is upheld.' "Modification Application No. DA-336/2018/A for the modification to amend privacy screens for the approved development DA-336/2018 is approved in accordance with the plans at Annexure 'A' and subject to the conditions in Annexure 'B'."]