LZ 26 Pty Ltd v Hunters Hill Council [2022] NSWLEC 1496

LZ 26 Pty Ltd v Hunters Hill Council [2022] NSWLEC 1496

The proposed modification is 'substantially the same' as the development originally approved; all jurisdictional prerequisites are met; and the agreement between the parties is one the Court could make under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: LZ 26 Pty Ltd; Respondent: Hunters Hill Council
Jurisdiction
Australia
Judgment Date
15 September 2022
Procedural Posture
Modification Application Appeal / Final Judgment/order After Conciliation
Outcome
Appeal upheld; modification application approved as agreed
Legal Topics
Modification of Development Consent, Childcare Centre, Conciliation Conference, Agreement Between Parties
Planning and Environment Modification of Development Consent Childcare Centre Conciliation Conference Agreement Between Parties

Case Brief

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Parties

LZ 26 Pty Ltd

Applicant

Hunters Hill Council

Respondent

Procedural Posture

Modification Application Appeal / Final Judgment/order After Conciliation

Legal Issues

  1. 1 Whether the proposed modification constitutes development 'substantially the same' as originally approved
  2. 2 Whether the jurisdictional prerequisites for modification under s 4.55 of the Environmental Planning and Assessment Act 1979 are satisfied

Ratio Decidendi

The proposed modification is 'substantially the same' as the development originally approved; all jurisdictional prerequisites are met; and the agreement between the parties is one the Court could make under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; modification application approved as agreed

Orders

  • The Appeal is upheld.
  • The Modification Application to modify the development consent regarding hours of outdoor play at 32 Ryde Road, Hunters Hill is approved as set out in Annexure A.