Prilis v Inner West Council [2023] NSWLEC 1428

Prilis v Inner West Council [2023] NSWLEC 1428

Because the parties reached agreement at the s 34 conciliation conference and the agreed decision was within power, including because the jurisdictional preconditions for modification under s 4.56 of the Environmental Planning and Assessment Act 1979 were satisfied, the Court was required to dispose of the proceedings in accordance with the parties' decision and modify development consent no. DA 2018/64.

Jurisdiction
Australia
Judgment Date
09 August 2023
Procedural Posture
Class 1 Appeal Against Inner West Council's Refusal of Modification Application No. Mod/2022/0310 / Orders Made Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; development consent no. DA 2018/64 modified.
Legal Topics
['modification Application' 'section 34 Conciliation Conference' 'substantially the Same Development' 'notification' 'subdivision of Land' 'building Management Statement']
['planning and Environment' 'development Consent' 'land and Environment Court Procedure'] ['modification Application' 'section 34 Conciliation Conference' 'substantially the Same Development' 'notification' 'subdivision of Land' 'building Management Statement']

Case Brief

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Procedural Posture

Class 1 Appeal Against Inner West Council's Refusal of Modification Application No. Mod/2022/0310 / Orders Made Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the jurisdictional preconditions for modification of development consent no. DA 2018/64 under s 4.56 of the Environmental Planning and Assessment Act 1979 were satisfied.' 'Whether the development as modified would be substantially the same development as the development for which consent was originally granted.' 'Whether notification requirements were satisfied and relevant matters under s 4.15(1) of the Environmental Planning and Assessment Act 1979 were considered.']

Ratio Decidendi

Because the parties reached agreement at the s 34 conciliation conference and the agreed decision was within power, including because the jurisdictional preconditions for modification under s 4.56 of the Environmental Planning and Assessment Act 1979 were satisfied, the Court was required to dispose of the proceedings in accordance with the parties' decision and modify development consent no. DA 2018/64.

Court Disposition

Appeal upheld; development consent no. DA 2018/64 modified.

Orders

  • ['The appeal is upheld.' 'Development consent no. DA 2018/64 is modified in the terms set out in Annexure B.' 'Development consent no. DA 2018/64 as modified by the Court is set out in Annexure C.']