Lateral Estate Pty Ltd v Georges River Council [2022] NSWLEC 1318

Lateral Estate Pty Ltd v Georges River Council [2022] NSWLEC 1318

The parties' agreed decision was one the Court could make because the appeal was brought within time, the modification application was made with the owner's consent, the proposed changes were minor and of minimal environmental impact, the development as modified remained substantially the same as the approved development, and notification requirements were met with no submissions received. Accordingly, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
28 June 2022
Procedural Posture
Class 1 Appeal Concerning Modification Application Mod2022/0014 for Modification of Development Consent Da2021/0110 / Final Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; modification application approved; development consent modified.
Legal Topics
['modification Application' 'mixed Use Development' 'residential Apartments' 'conciliation Conference' 'agreement Between Parties' 'minimal Environmental Impact' 'substantially the Same Development']
['planning and Environment' 'development Consent Modification' 'land and Environment Court Procedure'] ['modification Application' 'mixed Use Development' 'residential Apartments' 'conciliation Conference' 'agreement Between Parties' 'minimal Environmental Impact' 'substantially the Same Development']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning Modification Application Mod2022/0014 for Modification of Development Consent Da2021/0110 / Final Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the appeal was brought within time under ss 8.9 and 8.10 of the Environmental Planning and Assessment Act 1979.' 'Whether the modification application satisfied the requirements of s 4.55(1A) of the Environmental Planning and Assessment Act 1979, including minimal environmental impact, substantially the same development, and notification requirements.' 'Whether the Environmental Planning and Assessment Regulation 2000 continued to apply to the modification application.']

Ratio Decidendi

The parties' agreed decision was one the Court could make because the appeal was brought within time, the modification application was made with the owner's consent, the proposed changes were minor and of minimal environmental impact, the development as modified remained substantially the same as the approved development, and notification requirements were met with no submissions received. Accordingly, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld; modification application approved; development consent modified.

Orders

  • ['The appeal is upheld.' 'Modification application MOD2022/0014 is approved and development consent DA2021/0110 is modified in the terms set out in Annexure A.' 'As a consequence of the modification, development consent DA2022/0014 is subject to the consolidated, modified conditions of consent set out in Annexure B.']