SETT Homes Pty Ltd v Wingecarribee Shire Council [2019] NSWLEC 1544

SETT Homes Pty Ltd v Wingecarribee Shire Council [2019] NSWLEC 1544

The parties reached agreement under s 34(3) of the Land and Environment Court Act 1979 to modify the consent by removing public lighting requirements from condition 22 and inserting conditions 22A and 22B. The Court was satisfied the agreed decision was within its functions, the modified conditions were lawful and agreed, and there were no other pre-conditions to be met, so the appeal was upheld and the modification approved.

Jurisdiction
Australia
Judgment Date
08 November 2019
Procedural Posture
Class 1 Appeal Under S 8.9 of the Environmental Planning and Assessment Act 1979 Against Refusal of Modification Application No. 16/0870.05 / Orders Made After Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Under S 34(3)
Outcome
Appeal upheld; Modification Application No. 16/0870.05 approved; Development Consent No. 16/0870 modified.
Legal Topics
['modification Application' 'development Consent Conditions' 'public Lighting Works' 'subdivision Certificate' 'conciliation Agreement']
['planning and Environment Law'] ['modification Application' 'development Consent Conditions' 'public Lighting Works' 'subdivision Certificate' 'conciliation Agreement']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.9 of the Environmental Planning and Assessment Act 1979 Against Refusal of Modification Application No. 16/0870.05 / Orders Made After 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 Modification Application No. 16/0870.05 to modify Development Consent No. 16/0870 should be approved in accordance with the parties' agreement." 'Whether the agreed modification of conditions relating to public lighting was a decision the Court could make in the proper exercise of its functions.' 'Whether pre-conditions to modifying the consent had been met.']

Ratio Decidendi

The parties reached agreement under s 34(3) of the Land and Environment Court Act 1979 to modify the consent by removing public lighting requirements from condition 22 and inserting conditions 22A and 22B. The Court was satisfied the agreed decision was within its functions, the modified conditions were lawful and agreed, and there were no other pre-conditions to be met, so the appeal was upheld and the modification approved.

Court Disposition

Appeal upheld; Modification Application No. 16/0870.05 approved; Development Consent No. 16/0870 modified.

Orders

  • ['The Appeal is upheld.' "Modification Application No. 16/0870.05 for the modification of Development Consent No. 16/0870 granted by the Respondent on 19 December 2016 ('Consent'), and relating to 16 – 18 Willow Street, Willow Vale, is approved such that the Consent is modified as set out at Annexure A." 'As a...