Statewide Planning Pty Ltd v Canterbury-Bankstown Council [2020] NSWLEC 1553

Statewide Planning Pty Ltd v Canterbury-Bankstown Council [2020] NSWLEC 1553

The appeal was upheld and the modification application approved because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied the agreed decision was one the Court could make in the proper exercise of its functions, as the modified development remained substantially the same mixed use development with ground floor retail as originally approved.

Jurisdiction
Australia
Judgment Date
10 November 2020
Procedural Posture
Class 1 Appeal Concerning a Modification Application / Orders Made Following a Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; modification application approved subject to conditions.
Legal Topics
['modification Application' 'development Consent Conditions' 'conciliation Conference' 'agreement Between the Parties']
['planning and Environment Law'] ['modification Application' 'development Consent Conditions' 'conciliation Conference' 'agreement Between the Parties']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning a Modification Application / Orders Made Following a Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the appeal against the grant of a modification application subject to conditions should be upheld in accordance with the parties' agreement." 'Whether the Court could approve the modification application under s 4.55(2) of the Environmental Planning and Assessment Act 1979 following agreement under s 34(3) of the Land and Environment Court Act 1979.' 'Whether the development as modified was substantially the same development as originally approved.']

Ratio Decidendi

The appeal was upheld and the modification application approved because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied the agreed decision was one the Court could make in the proper exercise of its functions, as the modified development remained substantially the same mixed use development with ground floor retail as originally approved.

Court Disposition

Appeal upheld; modification application approved subject to conditions.

Orders

  • ['The applicant is granted leave to amend the modification application to rely on architectural plans No. CC05 Z Level 1 dated 23/10/2020, and No. CC33 D Section 1+2 dated 3 November 2020 prepared by Aleksandar Design Group Pty Ltd.' 'The appeal is upheld.' 'Modification application DA-738/2015/C to add an...