Vigor Master Pty Ltd v Northern Beaches Council [2023] NSWLEC 1727

Vigor Master Pty Ltd v Northern Beaches Council [2023] NSWLEC 1727

The Court was satisfied, on the evidence, documents, site observations, oral submissions and the agreed jurisdictional statement, that the amended Modification Application met the relevant jurisdictional requirements, involved minimal environmental impact, was substantially the same development as the original consent, had been appropriately notified with no submissions, and produced an agreed decision that the Court could have made in the proper exercise of its functions. The Court therefore disposed of the proceedings in accordance with the parties' agreement and upheld the appeal.

Jurisdiction
Australia
Judgment Date
01 December 2023
Procedural Posture
Class 1 Development Appeal Concerning a Modification Application / Orders Made Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; Modification Application MOD2022/0373 approved as amended, subject to modified and consolidated conditions of consent.
Legal Topics
['development Appeal' 'modification Application' 'boarding House' 'conditions of Consent' 'conciliation Conference' 'agreement Reached']
['environmental Planning and Assessment' 'land and Environment Court Proceedings'] ['development Appeal' 'modification Application' 'boarding House' 'conditions of Consent' 'conciliation Conference' 'agreement Reached']

Case Brief

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Procedural Posture

Class 1 Development Appeal Concerning a Modification Application / Orders Made Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the Court had power to determine the modification application under the Environmental Planning and Assessment Act 1979 and the Land and Environment Court Act 1979.' 'Whether the Modification Application, as amended, satisfied the jurisdictional prerequisites for modification of the development consent.' "Whether the agreed decision was one the Court could have made in the proper exercise of its functions so that the proceedings should be disposed of in accordance with the parties' agreement."]

Ratio Decidendi

The Court was satisfied, on the evidence, documents, site observations, oral submissions and the agreed jurisdictional statement, that the amended Modification Application met the relevant jurisdictional requirements, involved minimal environmental impact, was substantially the same development as the original consent, had been appropriately notified with no submissions, and produced an agreed decision that the Court could have made in the proper exercise of its functions. The Court therefore disposed of the proceedings in accordance with the parties' agreement and upheld the appeal.

Court Disposition

Appeal upheld; Modification Application MOD2022/0373 approved as amended, subject to modified and consolidated conditions of consent.

Orders

  • ['The appeal is upheld.' 'Modification Application MOD2022/0373, as amended, to modify development DA2013/0324 for demolition works and construction of a Boarding House at 257 Harbord Road DEE WHY NSW, being Lot 1770 DP 752038, is approved, subject to the modified conditions set out in Annexure A.' 'As a consequence...