Lloyd Rothschild Pty Ltd v Randwick City Council [2024] NSWLEC 1482

Lloyd Rothschild Pty Ltd v Randwick City Council [2024] NSWLEC 1482

The Court was satisfied that the jurisdictional pre-requisites for approval of the amended modification application under s 4.55(2) of the Environmental Planning and Assessment Act 1979 were met, including owner consent, substantial sameness of the development, notification, consideration of objections and relevant statutory matters, and that there was no jurisdictional impediment to making the agreed orders. Because the parties' agreement was a decision the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
09 August 2024
Procedural Posture
Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 From the Refusal to Modify Development Consent No Da/214/2022 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Reached and Orders Made
Outcome
Appeal upheld; development consent No DA/214/2022 modified.
Legal Topics
['modification of Development Consent' 'gymnasium Operating Hours' 'staffing Operations' 'car Parking Arrangements' 'plan of Management' 'conciliation Conference' 'jurisdictional Pre Requisites Under S 4.55(2) of the Environmental Planning and Assessment Act 1979']
['planning and Environment Law'] ['modification of Development Consent' 'gymnasium Operating Hours' 'staffing Operations' 'car Parking Arrangements' 'plan of Management' 'conciliation Conference' 'jurisdictional Pre Requisites Under S 4.55(2) of the Environmental Planning and Assessment Act 1979']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 From the Refusal to Modify Development Consent No Da/214/2022 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Reached and Orders Made

Legal Issues

  1. 1 ['Whether the Court could approve the amended modification application under s 4.55(2) of the Environmental Planning and Assessment Act 1979 despite the application initially being made under s 4.55(1A).' 'Whether the proposed modified development was substantially the same development as originally approved.' 'Whether notification, consultation and consideration of relevant matters under ss 4.55(2), 4.55(3) and 4.15(1) of the Environmental Planning and Assessment Act 1979 had been satisfied.' 'Whether the agreement reached at the s 34 conciliation conference was a decision the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

The Court was satisfied that the jurisdictional pre-requisites for approval of the amended modification application under s 4.55(2) of the Environmental Planning and Assessment Act 1979 were met, including owner consent, substantial sameness of the development, notification, consideration of objections and relevant statutory matters, and that there was no jurisdictional impediment to making the agreed orders. Because the parties' agreement was a decision the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; development consent No DA/214/2022 modified.

Orders

  • ['The appeal is upheld.' 'Development consent No DA/214/2022 is modified in the terms set out in Annexure A.' 'Development consent No DA/214/2022, as modified by the Court, is subject to the consolidated modified conditions set out in Annexure B.']