Ibrahim v Georges River Council [2021] NSWLEC 1595

Ibrahim v Georges River Council [2021] NSWLEC 1595

The Court adopted the parties' agreed reasons and was satisfied that owners' consent was provided, the modification application had been properly notified and submissions considered, the amended proposal was substantially the same development as the existing consent, relevant matters under ss 4.55 and 4.15 of the Environmental Planning and Assessment Act 1979 and applicable planning instruments had been addressed, and the agreed decision was one the Court could have made in the proper exercise of its functions. Under s 34(3) of the Land and Environment Court Act 1979, the Court was therefore required to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
14 October 2021
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Modification Application Mod2020/0178 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; approval granted to modification application MOD2020/0178 subject to conditions of consent in Annexure B.
Legal Topics
['child Care Centre' 'modification Application' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Prerequisites' 'outdoor Play Area' 'costs']
['planning and Environment Law' 'development Consent Modification'] ['child Care Centre' 'modification Application' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Prerequisites' 'outdoor Play Area' 'costs']

Case Brief

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Modification Application Mod2020/0178 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision to uphold the appeal and approve modification application MOD2020/0178 was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the modification application satisfied the jurisdictional prerequisites for approval under s 4.55 of the Environmental Planning and Assessment Act 1979.' 'Whether relevant planning controls, including the Hurstville Local Environmental Plan 2012, the State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, the Child Care Planning Guideline and Hurstville Development Control Plan No 1, permitted approval of the modification application.']

Ratio Decidendi

The Court adopted the parties' agreed reasons and was satisfied that owners' consent was provided, the modification application had been properly notified and submissions considered, the amended proposal was substantially the same development as the existing consent, relevant matters under ss 4.55 and 4.15 of the Environmental Planning and Assessment Act 1979 and applicable planning instruments had been addressed, and the agreed decision was one the Court could have made in the proper exercise of its functions. Under s 34(3) of the Land and Environment Court Act 1979, the Court was therefore required to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld; approval granted to modification application MOD2020/0178 subject to conditions of consent in Annexure B.

Orders

  • ['The appeal is upheld.' 'Approval is granted to modification application MOD2020/0178, to modify development consent DA/2014/1197 to increase the number of children permitted at the centre from 48 to 58, adopt a new plan of management, make changes to the physical layout of the driveway entrance and basement...