Urban Link Pty Ltd v Burwood Council [2023] NSWLEC 1400

Urban Link Pty Ltd v Burwood Council [2023] NSWLEC 1400

Because the parties' agreed modification was substantially the same as the originally approved consent, resulted in no environmental impact, required no concurrence or notification, complied with the relevant planning controls and jurisdictional requirements, and was a decision the Court could have made in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
26 July 2023
Procedural Posture
Class 1 Appeal Against a Condition Imposed on a Modification of Development Consent Da10.2019.91.1 / Orders Made Following Agreement at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Consent DA10.2019.91.1 modified by consent to Modification Application DA10.2019.91.4.
Legal Topics
['modification Application' 'conditions of Development Consent' 'conciliation Conference' 'agreement Between Parties' 'jurisdictional Requirements']
['environmental Planning and Assessment' 'development Consent Modification' 'land and Environment Court Procedure'] ['modification Application' 'conditions of Development Consent' 'conciliation Conference' 'agreement Between Parties' 'jurisdictional Requirements']

Case Brief

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Procedural Posture

Class 1 Appeal Against a Condition Imposed on a Modification of Development Consent Da10.2019.91.1 / Orders Made Following Agreement at a Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court could modify Development Consent DA10.2019.91.1 by consent in accordance with Modification Application DA10.2019.91.4.' 'Whether the requirements of s 4.55(2) of the Environmental Planning and Assessment Act 1979 were satisfied.' "Whether the parties' agreement 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."]

Ratio Decidendi

Because the parties' agreed modification was substantially the same as the originally approved consent, resulted in no environmental impact, required no concurrence or notification, complied with the relevant planning controls and jurisdictional requirements, and was a decision the Court could have made in the proper exercise of its functions, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld; Development Consent DA10.2019.91.1 modified by consent to Modification Application DA10.2019.91.4.

Orders

  • ['The appeal is upheld.' 'Development Consent DA10.2019.91.1 is modified by consent to Modification Application DA10.2019.91.4, in the terms set out in Annexure A.' 'Development Consent DA10.2019.91.1 is subject to the consolidated conditions as described in Annexure B.']