MOD Urban Pty Ltd v Waverley Council [2024] NSWLEC 1823

MOD Urban Pty Ltd v Waverley Council [2024] NSWLEC 1823

The orders are made because the agreement between the parties satisfies all jurisdictional prerequisites and evidences a decision that the Court could have made, thus requiring the Court to uphold the appeal and modify the development consent under s 34(3) of the LEC Act and s 4.56 of the EPA Act.

Parties
Applicant: MOD Urban Pty Ltd; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
19 December 2024
Procedural Posture
Development Appeal (class 1) / Final Determination Following Conciliation Conference and Agreement
Outcome
Appeal upheld; development consent modified by agreement between the parties and by order of the Court.
Legal Topics
Modification Application, Development Consent, Conciliation Conference, Jurisdictional Prerequisites, Section 34 Agreement
Planning and Environment Law Modification Application Development Consent Conciliation Conference Jurisdictional Prerequisites Section 34 Agreement

Case Brief

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Parties

MOD Urban Pty Ltd

Applicant

Waverley Council

Respondent

Procedural Posture

Development Appeal (class 1) / Final Determination Following Conciliation Conference and Agreement

Legal Issues

  1. 1 Whether the modification application for Development Consent No. 404/2021 satisfies the statutory prerequisites for approval under s 4.56 of the Environmental Planning and Assessment Act 1979 and should be granted following agreement under s 34 of the Land and Environment Court Act 1979

Ratio Decidendi

The orders are made because the agreement between the parties satisfies all jurisdictional prerequisites and evidences a decision that the Court could have made, thus requiring the Court to uphold the appeal and modify the development consent under s 34(3) of the LEC Act and s 4.56 of the EPA Act.

Court Disposition

Appeal upheld; development consent modified by agreement between the parties and by order of the Court.

Orders

  • The appeal is upheld.
  • Development Consent No. 404/2021 is modified by the documents set out in Annexure A, by the terms set out in Annexure B.