Planet Warriewood Pty Ltd v Hawkesbury City Council [2019] NSWLEC 1067

Planet Warriewood Pty Ltd v Hawkesbury City Council [2019] NSWLEC 1067

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 agreed grant of the modification application subject to conditions was a decision the Court could make, including because the modified development remained substantially the same mixed use multi-storey development as originally approved, the proceedings were disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
18 February 2019
Procedural Posture
Class 1 Modification Application / Conciliation Conference; Orders Made by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Modification Application No. S960054/18 approved and development consent modified by agreement.
Legal Topics
['modification Application' 'development Consent' 'conciliation Conference' 'multi Storey Mixed Use Development']
['environmental Planning and Assessment' 'land and Environment'] ['modification Application' 'development Consent' 'conciliation Conference' 'multi Storey Mixed Use Development']

Case Brief

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Procedural Posture

Class 1 Modification Application / Conciliation Conference; Orders Made by Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the modification application should be granted subject to conditions pursuant to s 4.55(2) 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 modified development was substantially the same development as the development for which consent was originally granted.']

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 agreed grant of the modification application subject to conditions was a decision the Court could make, including because the modified development remained substantially the same mixed use multi-storey development as originally approved, the proceedings were disposed of in accordance with that agreement.

Court Disposition

Modification Application No. S960054/18 approved and development consent modified by agreement.

Orders

  • ['The Applicant is granted leave to amend the application pursuant to section 4.55(8) of the Environmental Planning and Assessment Act 1979 (Modification Application No. S960054/18) and to rely upon the amended plans and documents listed in the orders.' 'Modification Application No. S960054/18 is approved.'...