Nelson Parade Pty Ltd atf Nelson Parade Property Trust v Inner West Council [2024] NSWLEC 1181

Nelson Parade Pty Ltd atf Nelson Parade Property Trust v Inner West Council [2024] NSWLEC 1181

The modification application merely changes the design and internal layout, and the consent as modified remains for substantially the same development as originally approved. The agreement between the parties at the conciliation conference is one the Court can approve. In the exercise of its powers under s 34(3) of the Land and Environment Court Act 1979 and s 4.55(2) of the Environmental Planning and Assessment Act 1979, the Court grants the modification in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
12 April 2024
Procedural Posture
Application to Modify Development Consent (class 1) / Orders Following Conciliation Conference
Outcome
Modification application granted by consent
Legal Topics
['modification of Development Consent' 'boarding House Development' 'conciliation Conference' 'court Approved Agreement']
['planning Law' 'environmental Law'] ['modification of Development Consent' 'boarding House Development' 'conciliation Conference' 'court Approved Agreement']

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Procedural Posture

Application to Modify Development Consent (class 1) / Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the proposed modifications to the boarding house development consent can be granted under s 4.55(2) of the Environmental Planning and Assessment Act 1979' 'Whether the agreement reached at conciliation conference is one the Court can make in proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The modification application merely changes the design and internal layout, and the consent as modified remains for substantially the same development as originally approved. The agreement between the parties at the conciliation conference is one the Court can approve. In the exercise of its powers under s 34(3) of the Land and Environment Court Act 1979 and s 4.55(2) of the Environmental Planning and Assessment Act 1979, the Court grants the modification in accordance with the agreement.

Court Disposition

Modification application granted by consent

Orders

  • ['The application is granted.' 'Development Consent DA/2021/0625 for the construction of a five-storey boarding house is modified in the terms set out in Annexure A.' 'Development Consent DA/2021/0625 as modified by the Court is set out in Annexure B.']