Trinvass Pty Ltd v City of Sydney Council [2018] NSWLEC 1691

Trinvass Pty Ltd v City of Sydney Council [2018] NSWLEC 1691

The decision was made in accordance with the statutory requirements for modification, all jurisdictional pre-requisites were satisfied, and the court was empowered to make orders reflecting the parties' agreement.

Jurisdiction
Australia
Judgment Date
19 December 2018
Procedural Posture
Class 1 Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld; modification application approved.
Legal Topics
['modification of Development Consent' 'conciliation Conference' 'development Control' 'notification' 'design Excellence' 'bicycle Parking' 'fire Protection']
['planning and Environment'] ['modification of Development Consent' 'conciliation Conference' 'development Control' 'notification' 'design Excellence' 'bicycle Parking' 'fire Protection']

Case Brief

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Procedural Posture

Class 1 Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether the modified development is substantially the same as originally approved' 'Compliance with jurisdictional pre-requisites under s 34(3) Land and Environment Court Act 1979' 'Notification and concurrence requirements' 'Compliance with design excellence and relevant planning controls']

Ratio Decidendi

The decision was made in accordance with the statutory requirements for modification, all jurisdictional pre-requisites were satisfied, and the court was empowered to make orders reflecting the parties' agreement.

Court Disposition

Appeal upheld; modification application approved.

Orders

  • ['The appeal is upheld.' 'Modification Application No. D/2014/1828/E to modify conditions 1, 3, 13, 15, 40 and 41 in development consent D/2014/1828/D is approved as set out in Annexure A.' 'Development Consent No. D/2014/1828/E is subject to consolidated, modified conditions of development consent set out in...