Verani 1888 Pty Ltd v Strathfield Municipal Council [2019] NSWLEC 1519

Verani 1888 Pty Ltd v Strathfield Municipal Council [2019] NSWLEC 1519

The development as modified is substantially the same as that originally approved, both qualitatively and quantitatively. The Court is satisfied and orders as agreed between the parties at the conciliation conference, upholding the appeal and approving the modification application.

Parties
Applicant: Verani 888 Pty Ltd; Respondent: Strathfield Municipal Council
Jurisdiction
Australia
Judgment Date
30 October 2019
Procedural Posture
Class 1 Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; modification application approved; orders made by consent.
Legal Topics
Development Application, Modification Application, Conciliation Conference, Costs
Planning and Environment Law Development Application Modification Application Conciliation Conference Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Verani 888 Pty Ltd

Applicant

Strathfield Municipal Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether modification application for the boarding house constitutes substantially the same development as the consent originally granted
  2. 2 Whether the Court can dispose of proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The development as modified is substantially the same as that originally approved, both qualitatively and quantitatively. The Court is satisfied and orders as agreed between the parties at the conciliation conference, upholding the appeal and approving the modification application.

Court Disposition

Appeal upheld; modification application approved; orders made by consent.

Orders

  • The applicant is granted leave to rely on the amended plans as referred to in condition 1.1 of Annexure 'A' for the purpose of the modification application.
  • The appeal is upheld.