Smith v Blacktown City Council [2019] NSWLEC 1333

Smith v Blacktown City Council [2019] NSWLEC 1333

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 modification sought under s 4.55(1A) of the Environmental Planning and Assessment Act 1979 was of minimal environmental impact, related to substantially the same development, satisfied cl 117 of the Environmental Planning and Assessment Regulation 2000, and raised no jurisdictional impediment, the Court was required to dispose of the proceedings in accordance with the agreed decision by upholding the appeal and granting approval subject to conditions.

Jurisdiction
Australia
Judgment Date
16 July 2019
Procedural Posture
Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Modification Application MOD 18 00207 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Under S 34(3)
Outcome
Appeal upheld; approval granted to modification application MOD-18-00207 subject to conditions; each party to bear its own costs except for the existing costs order.
Legal Topics
['modification Application' 'development Consent' 'affordable Rental Housing' 'conciliation Conference' 'costs']
['environmental Planning and Assessment' 'land and Environment Court Proceedings'] ['modification Application' 'development Consent' 'affordable Rental Housing' 'conciliation Conference' 'costs']

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Procedural Posture

Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Modification Application MOD 18 00207 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Under S 34(3)

Legal Issues

  1. 1 ['Whether the Class 1 application should be amended to refer only to s 96(1A) (now s 4.55(1A)) of the Environmental Planning and Assessment Act 1979 and delete references to s 96(1) (now s 4.55(1)).' 'Whether the modification application could be approved under s 4.55(1A) of the Environmental Planning and Assessment Act 1979.' 'Whether the decision agreed by the parties 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.']

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 modification sought under s 4.55(1A) of the Environmental Planning and Assessment Act 1979 was of minimal environmental impact, related to substantially the same development, satisfied cl 117 of the Environmental Planning and Assessment Regulation 2000, and raised no jurisdictional impediment, the Court was required to dispose of the proceedings in accordance with the agreed decision by upholding the appeal and granting approval subject to conditions.

Court Disposition

Appeal upheld; approval granted to modification application MOD-18-00207 subject to conditions; each party to bear its own costs except for the existing costs order.

Orders

  • ['Leave is granted to amend the Class 1 application to refer only to s 96(1A) (now s 4.55(1A)) of the Environmental Planning and Assessment Act 1979 (EP&A Act) and delete references to s 96(1) (now s 4.55(1)) of the EP&A Act.' 'The appeal is upheld.' 'Approval is granted to modification application MOD-18-00207 in...