Sage by Moran Pty Ltd as Agent for the Cronulla by Moran Partnership v Sutherland Shire Council [2023] NSWLEC 1264

Sage by Moran Pty Ltd as Agent for the Cronulla by Moran Partnership v Sutherland Shire Council [2023] NSWLEC 1264

The agreed modification satisfies all pre-jurisdictional statutory requirements, the proposed modifications are substantially the same as the original development, the public contributions condition can reasonably be deleted given the dedication of land for public use, and the orders reflect an outcome the Court could properly make under s 34(3) of the Land Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
31 May 2023
Procedural Posture
Class 1 Modification Appeal Under the Environmental Planning and Assessment Act 1979 / Determination After Conciliation Conference and Agreement Under S 34 of the Land Environment Court Act 1979
Outcome
Appeal upheld; modification granted by consent between parties and with the approval of the Court under s 34 of the Land Environment Court Act 1979.
Legal Topics
['modification of Development Consent' 'residential Mixed Use Development' 'planning Instrument Compliance' 'public Contributions' 'conciliation Conference Procedures']
['environmental Planning Law' 'development Consent'] ['modification of Development Consent' 'residential Mixed Use Development' 'planning Instrument Compliance' 'public Contributions' 'conciliation Conference Procedures']

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Procedural Posture

Class 1 Modification Appeal Under the Environmental Planning and Assessment Act 1979 / Determination After Conciliation Conference and Agreement Under S 34 of the Land Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the modification application satisfies s 4.56 of the Environmental Planning and Assessment Act 1979' 'Whether the proposed development as modified is substantially the same as that originally consented to' 'Whether all relevant planning instruments and pre-jurisdictional requirements are addressed sufficiently to permit the modification' 'Appropriateness of amending or deleting public contribution conditions']

Ratio Decidendi

The agreed modification satisfies all pre-jurisdictional statutory requirements, the proposed modifications are substantially the same as the original development, the public contributions condition can reasonably be deleted given the dedication of land for public use, and the orders reflect an outcome the Court could properly make under s 34(3) of the Land Environment Court Act 1979.

Court Disposition

Appeal upheld; modification granted by consent between parties and with the approval of the Court under s 34 of the Land Environment Court Act 1979.

Orders

  • ['The appeal is upheld.' 'Development Consent No 20/0737 is modified in the terms in Annexure A.' 'Development Consent No 20/0737 as modified by the Court is Annexure B.']