Simmattown Pty Ltd v Randwick City Council [2019] NSWLEC 1415

Simmattown Pty Ltd v Randwick City Council [2019] NSWLEC 1415

Because the parties' agreed decision was one the Court could have made, and because the amended modification application satisfied the relevant requirements of s 4.55(2) of the Environmental Planning and Assessment Act 1979 with no jurisdictional impediments, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
04 September 2019
Procedural Posture
Class 1 Appeal Against Refusal of Modification Application Da/427/2016/b Under S 8.9 of the Environmental Planning and Assessment Act 1979 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Consent DA/427/2016 modified pursuant to s 4.55 of the Environmental Planning and Assessment Act 1979.
Legal Topics
['modification Application' 'development Consent' 'conciliation Conference' 'heritage Significance' 'visual Amenity' 'bi Fold Windows and Television Screens']
['planning and Environment' 'land Use' 'heritage'] ['modification Application' 'development Consent' 'conciliation Conference' 'heritage Significance' 'visual Amenity' 'bi Fold Windows and Television Screens']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Modification Application Da/427/2016/b Under S 8.9 of the Environmental Planning and Assessment Act 1979 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders in accordance with the parties' agreement reached at the conciliation conference under s 34(3) of the Land and Environment Court Act 1979." 'Whether Modification Application DA/427/2016/B satisfied the requirements of s 4.55(2) of the Environmental Planning and Assessment Act 1979.' 'Whether the amended plans and proposed conditions satisfactorily addressed the relevant provisions of the Randwick Local Environmental Plan 2012, including cl 5.10(4) concerning heritage significance.']

Ratio Decidendi

Because the parties' agreed decision was one the Court could have made, and because the amended modification application satisfied the relevant requirements of s 4.55(2) of the Environmental Planning and Assessment Act 1979 with no jurisdictional impediments, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; Development Consent DA/427/2016 modified pursuant to s 4.55 of the Environmental Planning and Assessment Act 1979.

Orders

  • ['The Applicant is granted leave to rely on the plan identified as DA1001A, Condition No. 24A and 24B Sight Plan, prepared by Humphrey + Edwards Architects + Interior Designers, Rev 01, dated 18/06/19, and to amend the modification application pursuant to section 4.55(2) of the Environmental Planning and Assessment...