Landmark Investments Australia Pty Ltd v Inner West Council [2024] NSWLEC 1534

Landmark Investments Australia Pty Ltd v Inner West Council [2024] NSWLEC 1534

The appeal is upheld as the Modification Application proposes development substantially the same as that originally approved, satisfies jurisdictional prerequisites under the Environmental Planning and Assessment Act and Land and Environment Court Act, complies or is compatible with relevant planning controls and objectives, addresses concerns raised by Council and objectors, and is supported by agreement reached at the conciliation conference.

Jurisdiction
Australia
Judgment Date
30 August 2024
Procedural Posture
Class 1 Development Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld. Development consent modified by agreement between parties as set out in Annexure A and B.
Legal Topics
['development Consent Modification' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Powers']
['planning and Environment'] ['development Consent Modification' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Powers']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the proposed modification constitutes substantially the same development as originally approved' 'Compliance with relevant planning controls for landscaping, site coverage, and floor space ratio' 'Heritage conservation requirements' 'Earthworks and stormwater management compliance' 'Community participation and notification requirements']

Ratio Decidendi

The appeal is upheld as the Modification Application proposes development substantially the same as that originally approved, satisfies jurisdictional prerequisites under the Environmental Planning and Assessment Act and Land and Environment Court Act, complies or is compatible with relevant planning controls and objectives, addresses concerns raised by Council and objectors, and is supported by agreement reached at the conciliation conference.

Court Disposition

Appeal upheld. Development consent modified by agreement between parties as set out in Annexure A and B.

Orders

  • ['The appeal is upheld.' "Development consent DA/2022/0322 is modified in the terms in Annexure 'A'." "Development Consent DA/2022/0322 as modified by the Court is Annexure 'B'."]