Camuglia v Woollahra Municipal Council [2020] NSWLEC 1360

Camuglia v Woollahra Municipal Council [2020] NSWLEC 1360

The decision to grant the modification application as agreed is one the Court can properly make, as the development as modified is substantially the same as the originally approved development, and the statutory requirements for notification and consideration of submissions have been met. The agreement between the parties under s 34(3) is therefore implemented by orders of the Court.

Jurisdiction
Australia
Judgment Date
13 August 2020
Procedural Posture
Class 1 Appeal / Post Conciliation Conference – Final Orders
Outcome
Appeal upheld; modification application approved subject to conditions by agreement; leave to rely on amended plans granted
Legal Topics
['modification Application' 'development Consent' 'conciliation Conference']
['environmental Law' 'planning Law'] ['modification Application' 'development Consent' 'conciliation Conference']

Case Brief

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Procedural Posture

Class 1 Appeal / Post Conciliation Conference – Final Orders

Legal Issues

  1. 1 ['Whether the modification application may be granted pursuant to s 4.55(2) of the Environmental Planning and Assessment Act 1979' 'Whether the Court is satisfied under s 34(3) of the Land and Environment Court Act 1979 to make orders by agreement']

Ratio Decidendi

The decision to grant the modification application as agreed is one the Court can properly make, as the development as modified is substantially the same as the originally approved development, and the statutory requirements for notification and consideration of submissions have been met. The agreement between the parties under s 34(3) is therefore implemented by orders of the Court.

Court Disposition

Appeal upheld; modification application approved subject to conditions by agreement; leave to rely on amended plans granted

Orders

  • ['The Applicant is granted leave to rely on the amended plans set out in Annexure A, subject to the Conditions of Consent set out in Annexure B and in the Consolidated Conditions of Consent in Annexure C.' 'The appeal is upheld.' 'Section 4.55 Modification Application DA2018/512/2 for modifications to the approved...