Parker Logan Property Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1113

Parker Logan Property Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1113

The parties reached agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions because the modified development was substantially the same as the originally approved development, notification and consideration of submissions had occurred, relevant s 4.15(1) matters and the consent authority's reasons had been considered, and no jurisdictional impediment was identified.

Jurisdiction
Australia
Judgment Date
18 March 2019
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 Da/607/2015/3 / Orders Following Conciliation Conference and Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld and amended modification application approved.
Legal Topics
['modification Application' 'development Consent' 'deemed Refusal' 'conciliation Conference' 'consent Orders']
['planning and Environment Law'] ['modification Application' 'development Consent' 'deemed Refusal' 'conciliation Conference' 'consent Orders']

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 Da/607/2015/3 / Orders Following Conciliation Conference and Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the amended modification application should be approved.']

Ratio Decidendi

The parties reached agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions because the modified development was substantially the same as the originally approved development, notification and consideration of submissions had occurred, relevant s 4.15(1) matters and the consent authority's reasons had been considered, and no jurisdictional impediment was identified.

Court Disposition

Appeal upheld and amended modification application approved.

Orders

  • ["Leave is granted to amend the Class 1 Application filed on 27 July 2018 to replace the reference to Section '4.55' with Section '4.56'." 'The appeal is upheld.' 'Modification Application DA 607/2015/3 is approved by amendment of Conditions A.2 and A.3, and the addition of Condition I.10 to the subject development...