PJM Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1015

PJM Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1015

The Court upheld the appeal and modified Development Consent No. DA 0337/17 because it was satisfied that the modified proposal remained substantially the same development, the relevant consultation, notification and consideration requirements had been met, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions, requiring disposition in accordance with the agreement under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
23 January 2024
Procedural Posture
Class 1 Modification Application Appeal Concerning Development Consent No. DA 0337/17 / Orders Made Following Conciliation Conference and Agreement Between the Parties Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Consent No. DA 0337/17 modified by agreement.
Legal Topics
['modification Application Under S 4.55 of the Environmental Planning and Assessment Act 1979' 'conciliation Conference Agreement Under S 34 of the Land and Environment Court Act 1979' 'substantially the Same Development Test' 'residential Flat Building' 'conditions of Development Consent']
['planning and Environment Law' 'development Consent Modification'] ['modification Application Under S 4.55 of the Environmental Planning and Assessment Act 1979' 'conciliation Conference Agreement Under S 34 of the Land and Environment Court Act 1979' 'substantially the Same Development Test' 'residential Flat Building' 'conditions of Development Consent']

Case Brief

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Procedural Posture

Class 1 Modification Application Appeal Concerning Development Consent No. DA 0337/17 / Orders Made Following Conciliation Conference and Agreement Between the Parties Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the modified development would be substantially the same development as the development for which consent was originally granted under s 4.55(2) of the Environmental Planning and Assessment Act 1979.' 'Whether consultation, notification and consideration requirements under s 4.55(2) and s 4.55(3) of the Environmental Planning and Assessment Act 1979 had been met.' "Whether the parties' agreed decision was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

The Court upheld the appeal and modified Development Consent No. DA 0337/17 because it was satisfied that the modified proposal remained substantially the same development, the relevant consultation, notification and consideration requirements had been met, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions, requiring disposition in accordance with the agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; Development Consent No. DA 0337/17 modified by agreement.

Orders

  • ['The appeal is upheld.' 'Development Consent No. DA 0337/17, granted by the Land and Environment Court on 29 June 2020, is modified as set out in Annexure A.' 'Development Consent No. DA 0337/17, as modified, is contained in Annexure B.']