Rye 184 Pty Ltd v Inner West Council [2024] NSWLEC 1097

Rye 184 Pty Ltd v Inner West Council [2024] NSWLEC 1097

The requirements for modification of consent under s 4.55 of the Environmental Planning and Assessment Act 1979 are satisfied; modifications are substantially the same as originally approved, notification and submissions have been addressed, and all jurisdictional requirements met. The parties' agreement is within the Court's power and must be given effect.

Jurisdiction
Australia
Judgment Date
05 March 2024
Procedural Posture
Appeal Modification Application (class 1) / Final Hearing Orders Following Conciliation Conference
Outcome
Appeal upheld; Development Consent DA2017/00253 modified in accordance with annexures.
Legal Topics
['modification of Development Consent' 'conciliation Conference' 'boarding House' 'local Environmental Plan' 'merit Assessment']
['planning and Environment'] ['modification of Development Consent' 'conciliation Conference' 'boarding House' 'local Environmental Plan' 'merit Assessment']

Case Brief

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Procedural Posture

Appeal Modification Application (class 1) / Final Hearing Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the modification application satisfies statutory requirements under Environmental Planning and Assessment Act 1979' 'Whether modifications are substantially the same as originally approved' 'Whether serviced apartments are permissible under Inner West Local Environmental Plan 2022' 'Whether notification and submissions have been properly addressed']

Ratio Decidendi

The requirements for modification of consent under s 4.55 of the Environmental Planning and Assessment Act 1979 are satisfied; modifications are substantially the same as originally approved, notification and submissions have been addressed, and all jurisdictional requirements met. The parties' agreement is within the Court's power and must be given effect.

Court Disposition

Appeal upheld; Development Consent DA2017/00253 modified in accordance with annexures.

Orders

  • ['The appeal is upheld.' 'Development Consent DA2017/00253 is modified by consent in the terms set out in Annexure A.' 'Development Consent DA2017/00253 is subject to consolidated conditions as modified by the Court and described in Annexure B.' 'The Applicant is to pay the Respondent in the fixed sum of $2,000.00...