Robey Mascot Pty Ltd v Bayside Council [2019] NSWLEC 1561

Robey Mascot Pty Ltd v Bayside Council [2019] NSWLEC 1561

As the agreement reached between the parties at the conciliation conference is a decision the Court could have made under s 34(3) of the Land and Environment Court Act 1979, and the jurisdictional prerequisites under s 4.55(1A) of the Environmental Planning and Assessment Act 1979 have been satisfied, the appeal is upheld with orders made in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
19 November 2019
Procedural Posture
Class 1 Development Appeal / Post Conciliation Conference – Final Determination
Outcome
The appeal is upheld.
Legal Topics
['modification of Development Consent' 'conciliation Conference' 'jurisdictional Prerequisites']
['planning Law' 'environmental Law'] ['modification of Development Consent' 'conciliation Conference' 'jurisdictional Prerequisites']

Case Brief

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Procedural Posture

Class 1 Development Appeal / Post Conciliation Conference – Final Determination

Legal Issues

  1. 1 ['Whether the conditions of consent (conditions 68(c), 68(d), and 114(c)) should be deleted and alternate conditions inserted pursuant to s 4.55(1A) of the Environmental Planning and Assessment Act 1979' 'Whether the jurisdictional prerequisites for the Court to modify the development consent are met under s 4.55(1A) of the EPA Act' 'Whether the agreement between the parties at the conciliation conference can be adopted under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

As the agreement reached between the parties at the conciliation conference is a decision the Court could have made under s 34(3) of the Land and Environment Court Act 1979, and the jurisdictional prerequisites under s 4.55(1A) of the Environmental Planning and Assessment Act 1979 have been satisfied, the appeal is upheld with orders made in accordance with the parties' agreement.

Court Disposition

The appeal is upheld.

Orders

  • ['The appeal is upheld.' 'Modification Application No. BDA-2016/165/A to modify the development consent to DA2016/165 is approved as set out at Annexure "A".' 'Development Consent 2016/165 is now subject to the consolidated modified conditions of development consent set out in Annexure "B".']