Griffiths v Randwick City Council [2023] NSWLEC 1163

Griffiths v Randwick City Council [2023] NSWLEC 1163

The Court was satisfied that the parties' agreement to approve the amended modification application subject to conditions was a decision the Court could have made in the proper exercise of its functions because the modified development was substantially the same as the originally approved development, notification requirements were met, submissions were considered, the amended application reduced environmental impact, relevant planning controls were addressed, and no jurisdictional impediment was identified. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
06 April 2023
Procedural Posture
Class 1 Appeal Against Deemed Refusal of a Modification Application Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Made Following Mandatory Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; modification application determined by grant of consent subject to conditions.
Legal Topics
['modification Application' 'deemed Refusal Appeal' 'conciliation Conference' 'substantially the Same Development' 'residential Development' 'conditions of Consent']
['planning and Environment Law' 'development Consent' 'land and Environment Court Procedure'] ['modification Application' 'deemed Refusal Appeal' 'conciliation Conference' 'substantially the Same Development' 'residential Development' 'conditions of Consent']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Against Deemed Refusal of a Modification Application Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Made Following Mandatory Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the modification application could be approved pursuant to s 4.55(2) of the Environmental Planning and Assessment Act 1979' 'Whether the development as modified was substantially the same development as originally approved' 'Whether notification requirements were met and submissions were considered' "Whether the parties' agreement was a decision the Court could have made in the proper exercise of its functions"]

Ratio Decidendi

The Court was satisfied that the parties' agreement to approve the amended modification application subject to conditions was a decision the Court could have made in the proper exercise of its functions because the modified development was substantially the same as the originally approved development, notification requirements were met, submissions were considered, the amended application reduced environmental impact, relevant planning controls were addressed, and no jurisdictional impediment was identified. The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the agreement.

Court Disposition

Appeal upheld; modification application determined by grant of consent subject to conditions.

Orders

  • ['Leave is granted to the Applicant to rely on the amended documentation listed in Condition 1 of Annexure A' 'The appeal is upheld.' 'Modification application DA/230/2021/A, for the modification to the dwellings, landscaping and engineering plans in respect of the original consent for demolition of existing...