Lateral Estate Pty Ltd v Georges River Council [2022] NSWLEC 1370

Lateral Estate Pty Ltd v Georges River Council [2022] NSWLEC 1370

The Court upheld the appeal and approved the modification because the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979, the Court was satisfied the agreed decision was one it could make in the proper exercise of its functions, the appeal was brought within time, the application was made with owner consent, the development as modified remained substantially the same development, and the notification requirements had been met.

Jurisdiction
Australia
Judgment Date
14 July 2022
Procedural Posture
Class 1 Appeal Concerning Modification Application Mod2022/0013 / Principal Judgment Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and modification application MOD2022/0013 is approved.
Legal Topics
['modification of Development Consent' 'mixed Use Development' 'conciliation Conference' 'agreement Between the Parties' 'substantially the Same Development' 'notification Requirements']
['planning and Environment' 'development Consent Modification' 'land and Environment Court Procedure'] ['modification of Development Consent' 'mixed Use Development' 'conciliation Conference' 'agreement Between the Parties' 'substantially the Same Development' 'notification Requirements']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning Modification Application Mod2022/0013 / Principal Judgment Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court could approve modification application MOD2022/0013 to modify development consent DA2018/0139 under s 4.56 of the Environmental Planning and Assessment Act 1979.' "Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 was a decision the Court could have made in the proper exercise of its functions." 'Whether the proposed modified development was substantially the same development as the development for which consent was originally granted.' 'Whether the relevant notification requirements for the modification application had been met.']

Ratio Decidendi

The Court upheld the appeal and approved the modification because the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979, the Court was satisfied the agreed decision was one it could make in the proper exercise of its functions, the appeal was brought within time, the application was made with owner consent, the development as modified remained substantially the same development, and the notification requirements had been met.

Court Disposition

The appeal is upheld and modification application MOD2022/0013 is approved.

Orders

  • ['The appeal is upheld.' 'Modification application MOD2022/0013 is approved and development consent DA2018/0139 granted by the Court on 6 August 2019 for the demolition of existing structures and the erection of a thirteen storey mixed use development on the land described as Lots 1 and 2 DP 1257940 known as 32-38...