Mogul Stud Pty Ltd v The Hills Shire Council [2021] NSWLEC 1607

Mogul Stud Pty Ltd v The Hills Shire Council [2021] NSWLEC 1607

The appeal was upheld and the development consent modified because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 for the grant of the modification application subject to conditions, and the Commissioner was satisfied that the 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.

Jurisdiction
Australia
Judgment Date
15 October 2021
Procedural Posture
Class 1 Appeal Concerning an Application to Modify a Development Consent / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Consent No. 407/2019/JP modified.
Legal Topics
['modification of Development Consent' 'mixed Use Development' 'conciliation Conference' 'agreement Between Parties' 'deemed Refusal Appeal']
['planning and Environment Law'] ['modification of Development Consent' 'mixed Use Development' 'conciliation Conference' 'agreement Between Parties' 'deemed Refusal Appeal']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning an Application to Modify a Development Consent / Final Orders Following Agreement Reached at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court should determine the modification application pursuant to s 4.56 of the Environmental Planning and Assessment Act 1979 in the appeal under s 8.9 of that Act.' 'Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 was a decision the Court could make in the proper exercise of its functions.' 'Whether the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted.']

Ratio Decidendi

The appeal was upheld and the development consent modified because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 for the grant of the modification application subject to conditions, and the Commissioner was satisfied that the 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.

Court Disposition

Appeal upheld; Development Consent No. 407/2019/JP modified.

Orders

  • ['The appeal is upheld.' 'Development Consent No. 407/2019/JP is modified in the terms set out in Annexure "A".' 'Development Consent No. 407/2019/JP as modified by the Court is set out at Annexure "B".']