Rye 10 Pty Ltd v Bayside Council [2024] NSWLEC 1021

Rye 10 Pty Ltd v Bayside Council [2024] NSWLEC 1021

The Court granted the Modification Application 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 decision was one the Court could make: the modified development remained substantially the same as the 2018 consent, Water NSW consultation and updated terms were addressed, notification and submissions requirements were satisfied, and relevant matters under ss 4.15 and 4.55 of the Environmental Planning and Assessment Act 1979 did not preclude approval.

Jurisdiction
Australia
Judgment Date
25 January 2024
Procedural Posture
Class 1 Modification Application Under S 4.55 of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 Conciliation Conference Agreement
Outcome
Consent granted to Modification Application MDA2023/90 and development consent DA-2017/194 modified.
Legal Topics
['modification of Development Consent' 'boarding House Development' 'conciliation Conference' 'substantially the Same Development' 'environmental Planning Assessment']
['environmental and Planning Law' 'land and Environment Court Procedure'] ['modification of Development Consent' 'boarding House Development' 'conciliation Conference' 'substantially the Same Development' 'environmental Planning Assessment']

Case Brief

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Procedural Posture

Class 1 Modification Application Under S 4.55 of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 Conciliation Conference Agreement

Legal Issues

  1. 1 ['Whether the agreement reached at the conciliation conference was a decision 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 development as modified was substantially the same development as the development for which consent was originally granted under s 4.55(2)(a) of the Environmental Planning and Assessment Act 1979.' 'Whether consultation, notification and consideration of submissions requirements under s 4.55(2) of the Environmental Planning and Assessment Act 1979 were satisfied.' 'Whether relevant matters under s 4.15(1) and the reasons for the original consent were considered as required by s 4.55(3) of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

The Court granted the Modification Application 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 decision was one the Court could make: the modified development remained substantially the same as the 2018 consent, Water NSW consultation and updated terms were addressed, notification and submissions requirements were satisfied, and relevant matters under ss 4.15 and 4.55 of the Environmental Planning and Assessment Act 1979 did not preclude approval.

Court Disposition

Consent granted to Modification Application MDA2023/90 and development consent DA-2017/194 modified.

Orders

  • ['Consent is granted to Modification Application MDA2023/90.' 'Development consent DA-2017/194, granted by the Land and Environment Court on 31 January 2018, is modified in the terms in Annexure A.' 'Development consent DA-2017/194, as modified by the Court, is Annexure B.']