Steve Macri v Northern Beaches Council [2024] NSWLEC 1195

Steve Macri v Northern Beaches Council [2024] NSWLEC 1195

Because the Commissioner was satisfied, on the evidence and the agreed jurisdictional statement, that the jurisdictional prerequisites for the modification application were met and that the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
18 April 2024
Procedural Posture
Class 1 Modification Application Appeal / Orders Following S 34 Conciliation Conference Agreement
Outcome
Appeal granted; development consent DA2020/1351 modified.
Legal Topics
['modification Application' 'development Consent' 'shop Top Housing' 'conciliation Conference' 'jurisdictional Prerequisites']
['planning and Environment Law'] ['modification Application' 'development Consent' 'shop Top Housing' 'conciliation Conference' 'jurisdictional Prerequisites']

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Procedural Posture

Class 1 Modification Application Appeal / Orders Following S 34 Conciliation Conference Agreement

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the jurisdictional prerequisites for modifying development consent DA2020/1351 under s 4.55 of the Environmental Planning and Assessment Act 1979 were satisfied.' 'Whether the proposed modifications would result in development substantially the same as the original development.' 'Whether notification, submissions, design verification, State Environmental Planning Policy and local environmental plan considerations had been addressed.']

Ratio Decidendi

Because the Commissioner was satisfied, on the evidence and the agreed jurisdictional statement, that the jurisdictional prerequisites for the modification application were met and that the parties' agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal granted; development consent DA2020/1351 modified.

Orders

  • ['The appeal is granted.' 'Development consent DA2020/1351 is modified in the terms in Annexure "A".' 'Development consent DA2020/1351 as modified by the Court is Annexure "B".']