Giang v Sutherland Shire Council [2020] NSWLEC 1633

Giang v Sutherland Shire Council [2020] NSWLEC 1633

As the jurisdictional prerequisites under s 8.14 of the Environmental Planning and Assessment Act 1979 and s 34(3) of the Land and Environment Court Act 1979 were satisfied, and the parties reached agreement at conciliation on the terms of the decision, the Court was required to and did uphold the appeal, approving the modification application subject to conditions.

Jurisdiction
Australia
Judgment Date
14 December 2020
Procedural Posture
Modification Application Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld; modification application approved subject to conditions
Legal Topics
['modification of Development Consent' 'building Height' 'local Environmental Plan' 'jurisdictional Prerequisites' 'conciliation Under S 34 Land and Environment Court Act 1979']
['planning and Environment'] ['modification of Development Consent' 'building Height' 'local Environmental Plan' 'jurisdictional Prerequisites' 'conciliation Under S 34 Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Modification Application Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether the modification application meets the requirements of s 4.55(2) of the Environmental Planning and Assessment Act 1979' 'Whether jurisdictional prerequisites for disposing of the proceeding under s 8.14 of the Environmental Planning and Assessment Act 1979 are satisfied' 'Whether further breach of the height of buildings development standard affects the decision under Sutherland Shire Local Environmental Plan 2015']

Ratio Decidendi

As the jurisdictional prerequisites under s 8.14 of the Environmental Planning and Assessment Act 1979 and s 34(3) of the Land and Environment Court Act 1979 were satisfied, and the parties reached agreement at conciliation on the terms of the decision, the Court was required to and did uphold the appeal, approving the modification application subject to conditions.

Court Disposition

Appeal upheld; modification application approved subject to conditions

Orders

  • ['The appeal is upheld.' 'Modification application MA20/0018 seeking to modify development consent DA15/1195 to provide for an increase in building height by 480mm at 26 Sproule Road, Illawong, is approved subject to the conditions in Annexure A.']