RA No 7 Pty Ltd (ABN 600 896 624) v Waverley Council [2023] NSWLEC 1776

RA No 7 Pty Ltd (ABN 600 896 624) v Waverley Council [2023] NSWLEC 1776

The Court was satisfied, on the evidence, observations on site and the parties' agreed jurisdictional statement, that the s 4.55(2) jurisdictional prerequisites were met, there was no jurisdictional impediment to the proposed orders, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions. Section 34(3) of the Land and Environment Court Act 1979 therefore required the Court to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
19 December 2023
Procedural Posture
Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 From the Deemed Refusal of Modification Application DA 152/2021/b / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Modification Application DA-152/2021/B approved subject to terms and consolidated modified conditions of consent.
Legal Topics
['modification Application' 'residential Flat Building' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Prerequisites' 'basix']
['planning and Environment' 'development Consent Modification'] ['modification Application' 'residential Flat Building' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Prerequisites' 'basix']

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 From the Deemed Refusal of Modification Application DA 152/2021/b / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court could approve Modification Application DA-152/2021/B under s 4.55(2) of the Environmental Planning and Assessment Act 1979.' 'Whether the proposed modification was substantially the same development as the development for which consent was originally granted.' 'Whether notification and consideration of submissions requirements were satisfied.' "Whether the parties' agreement 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 was satisfied, on the evidence, observations on site and the parties' agreed jurisdictional statement, that the s 4.55(2) jurisdictional prerequisites were met, there was no jurisdictional impediment to the proposed orders, and the parties' agreed decision was one the Court could have made in the proper exercise of its functions. Section 34(3) of the Land and Environment Court Act 1979 therefore required the Court to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld; Modification Application DA-152/2021/B approved subject to terms and consolidated modified conditions of consent.

Orders

  • ['The appeal is upheld.' "Modification application DA-152/2021/B of a residential flat building including alteration of internal layout, front and rear extension and open space reconfiguration at land identified as 154 Ramsgate Avenue, North Bondi NSW, being Lot 1 in Section 10 in DP786, is approved subject to the...