Parwood Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1288

Parwood Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1288

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the modified development was substantially the same as the originally approved development, that notification and submissions had been addressed, and that there was no jurisdictional impediment, the Court was required to dispose of the proceedings in accordance with the parties' agreed decision by upholding the appeal and approving the modification application subject to modified conditions.

Jurisdiction
Australia
Judgment Date
26 June 2019
Procedural Posture
Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 Against Refusal of Modification Application Ma/18/0358 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal was upheld and modification application MA/18/0358 was approved, with development consent DA/15/1178 as modified subject to consolidated, modified conditions.
Legal Topics
['modification Application' 'development Consent' 'basement Car Parking' 'conciliation Conference' 'agreement Between Parties' 'class 1 Appeal']
['planning and Environment Law'] ['modification Application' 'development Consent' 'basement Car Parking' 'conciliation Conference' 'agreement Between Parties' 'class 1 Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 Against Refusal of Modification Application Ma/18/0358 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether modification application MA/18/0358 should be approved under s 4.55(1A) of the Environmental Planning and Assessment Act 1979.' 'Whether the 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 development as modified was substantially the same development as originally approved.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the modified development was substantially the same as the originally approved development, that notification and submissions had been addressed, and that there was no jurisdictional impediment, the Court was required to dispose of the proceedings in accordance with the parties' agreed decision by upholding the appeal and approving the modification application subject to modified conditions.

Court Disposition

The appeal was upheld and modification application MA/18/0358 was approved, with development consent DA/15/1178 as modified subject to consolidated, modified conditions.

Orders

  • ['The Applicant is granted leave to rely on the amended landscaping plans prepared by Nicholas Bray Landscapes dated 18 June 2019 as listed in Annexure A;' 'The appeal is upheld;' 'Modification application MA/18/0358 lodged with the Respondent on 3 October 2018 is determined by approving the modifications to...