Moussa v Georges River Council [2020] NSWLEC 1419

Moussa v Georges River Council [2020] NSWLEC 1419

Because the parties reached an agreed decision at the conciliation conference, all contentions were resolved by agreed conditions, and the relevant jurisdictional prerequisites were satisfied, the agreed decision to uphold the appeal and approve the modifications was a decision the Court could have made in the proper exercise of its functions; the Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that decision.

Jurisdiction
Australia
Judgment Date
10 September 2020
Procedural Posture
Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Modification Application Mod2019/0097 / Orders Following Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979
Outcome
Appeal upheld; modification application MOD2019/0097 approved subject to consolidated, modified conditions of development consent.
Legal Topics
['modification Application' 'deemed Refusal' 'conciliation Conference' 'works in Road Reserve or Verge' 'removal of One Street Tree' 'jurisdictional Prerequisites for Consent']
['environmental Planning and Assessment' 'land and Environment' 'development Consent Modification' 'roads and Public Land' 'vegetation Removal'] ['modification Application' 'deemed Refusal' 'conciliation Conference' 'works in Road Reserve or Verge' 'removal of One Street Tree' 'jurisdictional Prerequisites for Consent']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Modification Application Mod2019/0097 / Orders Following Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court could approve modification application MOD2019/0097 in the proper exercise of its functions under s 4.16 of the Environmental Planning and Assessment Act 1979.' "Whether the parties' agreed decision reached at the conciliation conference was a decision the Court could have made for the purposes of s 34(3) of the Land and Environment Court Act 1979." 'Whether the jurisdictional prerequisites relevant to the modification application, including requirements relating to s 4.55(1A) of the Environmental Planning and Assessment Act 1979, works on a public road, bush-fire prone land, relevant planning instruments, contamination, infrastructure notice and vegetation removal, were satisfied.']

Ratio Decidendi

Because the parties reached an agreed decision at the conciliation conference, all contentions were resolved by agreed conditions, and the relevant jurisdictional prerequisites were satisfied, the agreed decision to uphold the appeal and approve the modifications was a decision the Court could have made in the proper exercise of its functions; the Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that decision.

Court Disposition

Appeal upheld; modification application MOD2019/0097 approved subject to consolidated, modified conditions of development consent.

Orders

  • ['The appeal is upheld.' 'The modification application MOD2019/0097 to modify development consent No. DA2017/0198, for demolition of existing structure(s) and construction of a part two storey and part three storey dwelling is determined by approving the modifications as set out in the plans and documents listed at...