Kraay v Blacktown City Council [2019] NSWLEC 1420

Kraay v Blacktown City Council [2019] NSWLEC 1420

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 for approval of the amended modification application. The Commissioner was satisfied the agreed decision was one the Court could make in the proper exercise of its functions because the modified development was substantially the same development as originally approved, the modification being confined to stormwater drainage for the development. The proceedings were therefore disposed of in accordance with the agreed decision.

Jurisdiction
Australia
Judgment Date
06 September 2019
Procedural Posture
Class 1 Modification Appeal Concerning Modification Application No. MOD 19 00106 to Modify Development Consent DA 15 1457 / Orders Following Agreement Reached at Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; amended modification application approved; no order as to costs.
Legal Topics
['modification Appeal' 'deferred Commencement Conditions' 'stormwater Drainage Easements' 'conciliation Conference Agreement' 'costs']
['planning and Environment Law' 'development Consent Modification'] ['modification Appeal' 'deferred Commencement Conditions' 'stormwater Drainage Easements' 'conciliation Conference Agreement' 'costs']

Case Brief

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Procedural Posture

Class 1 Modification Appeal Concerning Modification Application No. MOD 19 00106 to Modify Development Consent DA 15 1457 / Orders Following Agreement Reached at Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether leave should be granted to amend the application to include modification of conditions 12.7.2.4, 12.7.2.6, 13.8.1.1 and 13.8.2.1 of the consent.' 'Whether modification application no. MOD-19-00106, as amended, should be approved by deleting deferred commencement condition 1 and modifying related stormwater drainage conditions.' 'Whether the agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 for approval of the amended modification application. The Commissioner was satisfied the agreed decision was one the Court could make in the proper exercise of its functions because the modified development was substantially the same development as originally approved, the modification being confined to stormwater drainage for the development. The proceedings were therefore disposed of in accordance with the agreed decision.

Court Disposition

Appeal upheld; amended modification application approved; no order as to costs.

Orders

  • ["Leave is granted for the Applicant to amend its application to include the modification of conditions 12.7.2.4, 12.7.2.6, 13.8.1.1 and 13.8.2.1 of the consent in accordance with the conditions in Annexure 'A'" 'The appeal is upheld.' 'Modification application no. MOD-19-00106, as amended, which seeks to modify...