Wood v Inner West Council [2019] NSWLEC 1498

Wood v Inner West Council [2019] NSWLEC 1498

The appeal was upheld because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions, as the development as modified was substantially the same development as originally approved and the modifications were confined to vehicular access conditions and minor kerb and guttering works.

Jurisdiction
Australia
Judgment Date
18 October 2019
Procedural Posture
Class 1 Appeal Concerning a Modification Application to Development Consent / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; modification application further modified; development consent subject to modified conditions of consent.
Legal Topics
['modification Application' 'development Consent Conditions' 'vehicular Access Arrangements' 'conciliation Conference' 'section 34 Agreement']
['planning and Environment Law'] ['modification Application' 'development Consent Conditions' 'vehicular Access Arrangements' 'conciliation Conference' 'section 34 Agreement']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a Modification Application to Development Consent / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the appeal against conditions imposed on Modification Application M/2018/148 should be upheld in accordance with the parties' agreement." 'Whether the Court could make the agreed decision in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether the modified development remained substantially the same development as originally approved for the purposes of the modification power.']

Ratio Decidendi

The appeal was upheld because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions, as the development as modified was substantially the same development as originally approved and the modifications were confined to vehicular access conditions and minor kerb and guttering works.

Court Disposition

Appeal upheld; modification application further modified; development consent subject to modified conditions of consent.

Orders

  • ['The appeal is upheld.' 'Modification Application M/2018/148 for modification of Development Consent D/2017/637 relating to 63-65 Pyrmont Bridge Road, Annandale, granted by the respondent on 17 January 2019 is further modified as set out at Annexure A.' 'As a consequence of order 2, Development Consent D/2017/637...