Kovacs v The Council of the City of Sydney [2018] NSWLEC 1675

Kovacs v The Council of the City of Sydney [2018] NSWLEC 1675

Because the parties reached agreements under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decisions were ones the Court could make, including because each modification concerned quantitatively and qualitatively minor alterations to internal walls and fixtures and the modified developments were substantially the same as the originally approved developments, the proceedings were disposed of in accordance with the agreements.

Jurisdiction
Australia
Judgment Date
20 December 2018
Procedural Posture
Class 1 Appeal Against Decisions on Modification Applications / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeals upheld; applicant granted leave to rely on amended plans; both modification applications approved subject to conditions and amended General Terms of Approval; no order as to costs.
Legal Topics
['modification Applications' 'conciliation Conference' 'agreement Between the Parties' 'substantially the Same Development' 'victorian Georgian Terraces']
['planning and Environment' 'development Consent Modification' 'land and Environment Court Procedure'] ['modification Applications' 'conciliation Conference' 'agreement Between the Parties' 'substantially the Same Development' 'victorian Georgian Terraces']

Case Brief

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Procedural Posture

Class 1 Appeal Against Decisions on Modification Applications / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the modification applications could be determined under s 4.55(2) of the Environmental Planning and Assessment Act 1979 on the basis that the modified development is substantially the same development as originally granted.']

Ratio Decidendi

Because the parties reached agreements under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decisions were ones the Court could make, including because each modification concerned quantitatively and qualitatively minor alterations to internal walls and fixtures and the modified developments were substantially the same as the originally approved developments, the proceedings were disposed of in accordance with the agreements.

Court Disposition

Appeals upheld; applicant granted leave to rely on amended plans; both modification applications approved subject to conditions and amended General Terms of Approval; no order as to costs.

Orders

  • ['In matter number 2018/236943, the Appeal is upheld.' 'In matter number 2018/236943, the Applicant is granted leave to rely on the amended plans, copies of which are attached at Annexure "A".' 'In matter number 2018/236943, Modification Application D/2017/1557/A seeking to modify, delete or add to the conditions of...