TIC Investments NSW Pty Ltd v Hornsby Shire Council [2024] NSWLEC 1443

TIC Investments NSW Pty Ltd v Hornsby Shire Council [2024] NSWLEC 1443

Because the amended application resolved the contentions between the parties, the statutory preconditions for modification under s 4.56(1) of the Environmental Planning and Assessment Act 1979 were satisfied, relevant notification, submissions, SEPP, heritage and DCP matters had been considered, and the agreed decision was within power under s 34(3) of the Land and Environment Court Act 1979, the Court disposed of the proceedings in accordance with the parties' agreement and modified the development consent.

Jurisdiction
Australia
Judgment Date
26 July 2024
Procedural Posture
Class 1 Appeal Concerning a Modification Application to Development Consent No. Da/259/2020 / Final Orders Following a Conciliation Conference and Executed S 34 Written Agreement
Outcome
Appeal upheld; development consent no. DA/259/2020 modified.
Legal Topics
['modification Application' 'acoustic Fencing and Acoustic Testing Conditions' '70 Place Childcare Centre' 'conciliation Conference' 'agreement Between the Parties' 'state Environmental Planning Policies' 'heritage Conservation']
['planning and Environment' 'development Consent Modification'] ['modification Application' 'acoustic Fencing and Acoustic Testing Conditions' '70 Place Childcare Centre' 'conciliation Conference' 'agreement Between the Parties' 'state Environmental Planning Policies' 'heritage Conservation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Concerning a Modification Application to Development Consent No. Da/259/2020 / Final Orders Following a Conciliation Conference and Executed S 34 Written Agreement

Legal Issues

  1. 1 ["Whether the Court could dispose of the proceedings in accordance with the parties' signed s 34 agreement." 'Whether the requirements of s 4.56(1) of the Environmental Planning and Assessment Act 1979 for modification of a development consent granted by the Court were met.' "Whether the amended modification application resolved the parties' contentions concerning the acoustic fence and associated conditions." 'Whether relevant planning considerations, including notification, submissions, SEPPs, heritage and development control plan matters, had been addressed.']

Ratio Decidendi

Because the amended application resolved the contentions between the parties, the statutory preconditions for modification under s 4.56(1) of the Environmental Planning and Assessment Act 1979 were satisfied, relevant notification, submissions, SEPP, heritage and DCP matters had been considered, and the agreed decision was within power under s 34(3) of the Land and Environment Court Act 1979, the Court disposed of the proceedings in accordance with the parties' agreement and modified the development consent.

Court Disposition

Appeal upheld; development consent no. DA/259/2020 modified.

Orders

  • ['The appeal is upheld.' 'Development consent no. DA/259/2020 is modified in the terms set out in Annexure A.' 'Development consent no. DA/259/2020, as modified, is Annexure B.']