Xie v North Sydney Council [2020] NSWLEC 1196

Xie v North Sydney Council [2020] NSWLEC 1196

Because the Court was satisfied that the jurisdictional prerequisites to the grant of consent had been met and that the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
29 April 2020
Procedural Posture
Class 1 Appeal Concerning a Modification Application Under S 8.9 of the Environmental Planning and Assessment Act 1979 / Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979; Agreement Between the Parties Under S 34(3)
Outcome
Appeal upheld; Modification Application number 329/17/2 approved subject to conditions.
Legal Topics
['modification of Development Consent' 'development Consent' 'heritage Conservation Area' 'conciliation Conference' 'agreement Between Parties']
['planning and Environment Law' 'heritage Conservation'] ['modification of Development Consent' 'development Consent' 'heritage Conservation Area' 'conciliation Conference' 'agreement Between Parties']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a Modification Application Under S 8.9 of the Environmental Planning and Assessment Act 1979 / Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979; Agreement Between the Parties Under S 34(3)

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision that the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the modification application satisfied relevant jurisdictional prerequisites, including permissibility in the R2 Low Density Residential zone, heritage impacts, BASIX requirements, and whether the proposal was substantially the same development under s 4.55(2)(a) of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

Because the Court was satisfied that the jurisdictional prerequisites to the grant of consent had been met and that the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld; Modification Application number 329/17/2 approved subject to conditions.

Orders

  • ['The applicant is granted leave to amend the application to modify development consent 329/17 and rely on the amended plans and documents identified in the orders.' 'The Appeal is upheld.' 'Modification Application number 329/17/2 for the modification of development consent 329/17 to alter the front dormer and...