Ma v Ku-ring-gai Council [2021] NSWLEC 1742

Ma v Ku-ring-gai Council [2021] NSWLEC 1742

Because the parties reached agreement on terms of a decision the Court could have made, and the Court was satisfied on the evidence including the jurisdictional note and Exhibit A that the modification application was within power and the jurisdictional prerequisites were satisfied, the appeal was upheld and Development Consent No. DA0557/18 was modified.

Jurisdiction
Australia
Judgment Date
17 December 2021
Procedural Posture
Class 1 Appeal Concerning Modification Application Mod0051/21 for Modification of Development Consent Da0557/18 / Orders Following Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and Development Consent No. DA0557/18 is modified in the terms in Annexure A.
Legal Topics
['modification Application' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Prerequisites' 'terrestrial Biodiversity' 'riparian Land']
['planning and Environment' 'development Consent Modification' 'biodiversity Conservation'] ['modification Application' 'conciliation Conference' 'agreement Between the Parties' 'jurisdictional Prerequisites' 'terrestrial Biodiversity' 'riparian Land']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning Modification Application Mod0051/21 for Modification of Development Consent Da0557/18 / Orders Following Conciliation Conference Under S 34 AA of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement reached at the conciliation conference." 'Whether the jurisdictional prerequisites for the Court to exercise the function under s 4.55 of the Environmental Planning and Assessment Act 1979 to grant consent to the modification application were satisfied.']

Ratio Decidendi

Because the parties reached agreement on terms of a decision the Court could have made, and the Court was satisfied on the evidence including the jurisdictional note and Exhibit A that the modification application was within power and the jurisdictional prerequisites were satisfied, the appeal was upheld and Development Consent No. DA0557/18 was modified.

Court Disposition

The appeal is upheld and Development Consent No. DA0557/18 is modified in the terms in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Consent No. DA0557/18 is modified in the terms in Annexure A.' 'Development Consent No. DA0557/18 as modified by the Court is Annexure B.']