TLB Trading Pty Ltd v Mosman Municipal Council [2023] NSWLEC 1643

TLB Trading Pty Ltd v Mosman Municipal Council [2023] NSWLEC 1643

The amended modification application satisfied the relevant jurisdictional requirements, including that the modified development was substantially the same development, notification and submissions had been addressed, relevant planning matters had been considered, and the amended development remained permissible with consent. Because there was no jurisdictional impediment and the parties' agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required under s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
31 October 2023
Procedural Posture
Class 1 Appeal Under S 4.55(8) Environmental Planning and Assessment Act 1979 and S 17(d) Land and Environment Court Act 1979 Concerning a Modification Application / Orders Made Following Conciliation Conference and Agreement Between the Parties
Outcome
The appeal was upheld and Development Consent No 8.2017.232.1 was modified.
Legal Topics
['modification of Development Consent' 'residential Flat Building' 'conciliation Conference' 'jurisdictional Prerequisites' 'notification and Procedural Fairness' 'substantially the Same Development']
['planning and Environment Law' 'development Consent Modification' 'land and Environment Court Procedure'] ['modification of Development Consent' 'residential Flat Building' 'conciliation Conference' 'jurisdictional Prerequisites' 'notification and Procedural Fairness' 'substantially the Same Development']

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Procedural Posture

Class 1 Appeal Under S 4.55(8) Environmental Planning and Assessment Act 1979 and S 17(d) Land and Environment Court Act 1979 Concerning a Modification Application / Orders Made Following Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the Court had power under s 4.55(2) and s 4.55(8) of the Environmental Planning and Assessment Act 1979 to modify Development Consent No 8.2017.232.1' 'Whether the modified development was substantially the same development as the development for which consent was originally granted' 'Whether notification, consideration of submissions, and relevant statutory planning matters were adequately addressed' "Whether the parties' agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979"]

Ratio Decidendi

The amended modification application satisfied the relevant jurisdictional requirements, including that the modified development was substantially the same development, notification and submissions had been addressed, relevant planning matters had been considered, and the amended development remained permissible with consent. Because there was no jurisdictional impediment and the parties' agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required under s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the agreement.

Court Disposition

The appeal was upheld and Development Consent No 8.2017.232.1 was modified.

Orders

  • ['The appeal is upheld.' 'Development Consent No 8.2017.232.1 is modified in the terms in Annexure A.' 'Development Consent No 8.2017.232.1 as modified by the Court is contained in Annexure B.']