Theedam v Inner West Council [2023] NSWLEC 1792

Theedam v Inner West Council [2023] NSWLEC 1792

The Court was satisfied that the statutory and jurisdictional prerequisites for modification of the development consent were met, including owners' consent, substantial sameness of the development, notification, consideration of submissions, and required BASIX certification. Since the parties reached agreement in conciliation on an outcome the Court could have made in its proper exercise of functions, the Court was required to make orders accordingly under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Trent Theedam; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
22 December 2023
Procedural Posture
Class 1 Development Appeal / Judgment After Conciliation Conference
Outcome
Appeal upheld; modification application approved; development consent modified.
Legal Topics
Modification Application, Heritage, Conciliation Conference, Development Consent
Planning and Environment Law Modification Application Heritage Conciliation Conference Development Consent

Case Brief

Summary, issues, holding and outcome

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Parties

Trent Theedam

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Development Appeal / Judgment After Conciliation Conference

Legal Issues

  1. 1 Whether to uphold the appeal regarding the modification application MOD/2023/0172
  2. 2 Whether the proposed modifications result in development substantially the same as the original development
  3. 3 Whether statutory and jurisdictional prerequisites have been met

Ratio Decidendi

The Court was satisfied that the statutory and jurisdictional prerequisites for modification of the development consent were met, including owners' consent, substantial sameness of the development, notification, consideration of submissions, and required BASIX certification. Since the parties reached agreement in conciliation on an outcome the Court could have made in its proper exercise of functions, the Court was required to make orders accordingly under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; modification application approved; development consent modified.

Orders

  • The appeal is upheld.
  • Modification application MOD/2023/0172 is approved and development consent no. DA/2021/0793 is modified in the terms in Annexure A.