Maxson Developments Pty Ltd v Wingecarribee Shire Council [2022] NSWLEC 1472

Maxson Developments Pty Ltd v Wingecarribee Shire Council [2022] NSWLEC 1472

The Court was satisfied that the proposed modification was of minimal environmental impact, that the development as modified was substantially the same as the development originally approved, that the relevant s 4.15(1) considerations had been taken into account, and that the parties' agreed decision was one the Court could have made in the proper exercise of its functions; therefore the proceedings had to be disposed of in accordance with the parties' decision.

Jurisdiction
Australia
Judgment Date
08 September 2022
Procedural Posture
Class 1 Appeal Against Refusal of a Modification Application / Conciliation Conference; Orders Made by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Consent No. 20/1123 modified.
Legal Topics
['development Consent Modification' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Prerequisites Under S 4.55(1 A) of the Environmental Planning and Assessment Act 1979']
['planning and Environment Law'] ['development Consent Modification' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Prerequisites Under S 4.55(1 A) of the Environmental Planning and Assessment Act 1979']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of a Modification Application / Conciliation Conference; Orders Made by Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the proposed modification to Development Consent No. 20/1123 could be approved under s 4.55(1A) of the Environmental Planning and Assessment Act 1979.' 'Whether the modified development was of minimal environmental impact and substantially the same as the development originally approved.' "Whether the parties' 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."]

Ratio Decidendi

The Court was satisfied that the proposed modification was of minimal environmental impact, that the development as modified was substantially the same as the development originally approved, that the relevant s 4.15(1) considerations had been taken into account, and that the parties' agreed decision was one the Court could have made in the proper exercise of its functions; therefore the proceedings had to be disposed of in accordance with the parties' decision.

Court Disposition

Appeal upheld; Development Consent No. 20/1123 modified.

Orders

  • ['The appeal is upheld.' "Development Consent No. 20/1123 for land at 1 Willis Street, Bundanoon is modified in the terms in Annexure 'A' to this judgment." "Development Consent No. 20/1123.01 as modified by the Court is provided at Annexure 'B' to this judgment."]