Vigor Master Pty Ltd v Northern Beaches Council [2020] NSWLEC 1407

Vigor Master Pty Ltd v Northern Beaches Council [2020] NSWLEC 1407

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was within the Court's proper exercise of functions, including that the modification was of minimal environmental impact, substantially the same development, notified with submissions considered, and consistent with relevant planning controls and obtained concurrence, the Court was required to dispose of the proceedings in accordance with the parties' agreement by upholding the appeal and approving the modification subject to conditions.

Jurisdiction
Australia
Judgment Date
03 September 2020
Procedural Posture
Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 From Refusal of Modification Application Mod2019/0226 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; modification application approved subject to conditions.
Legal Topics
['modification Application' 'boarding House Development' 'conciliation Conference' 'section 34 Agreement' 'development Consent Conditions']
['planning and Environment Law' 'land and Environment Court Proceedings'] ['modification Application' 'boarding House Development' 'conciliation Conference' 'section 34 Agreement' 'development Consent Conditions']

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Procedural Posture

Class 1 Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 From Refusal of Modification Application Mod2019/0226 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979" 'Whether the proposed modification under s 4.55(1A) of the Environmental Planning and Assessment Act 1979 was of minimal environmental impact and resulted in substantially the same development' 'Whether the modification application satisfied relevant requirements of the Warringah Local Environmental Plan 2000, including cl 12 and cl 20']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was within the Court's proper exercise of functions, including that the modification was of minimal environmental impact, substantially the same development, notified with submissions considered, and consistent with relevant planning controls and obtained concurrence, the Court was required to dispose of the proceedings in accordance with the parties' agreement by upholding the appeal and approving the modification subject to conditions.

Court Disposition

Appeal upheld; modification application approved subject to conditions.

Orders

  • ['The Applicant is granted leave to rely upon the amended plans and documents listed in the orders.' 'Appeal is upheld.' 'Section 4.55 Modification Application MOD2019/0226 for modifications to Development Consent No. DA2013/0587 for construction of a boarding house at Lot 2506 Bundaleer Street, Belrose by...