Whiteway House (No.348) Pty Ltd v Waverley Council [2019] NSWLEC 1350

Whiteway House (No.348) Pty Ltd v Waverley Council [2019] NSWLEC 1350

The proposed modifications result in a development substantially the same as approved; the parties' agreement is permissible for approval under s 34(3) Land and Environment Court Act 1979; and the Court must give effect to that agreement by upholding the appeal and approving the modification application with amended conditions.

Parties
Applicant: Whiteway House (No.348) Pty Ltd; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
25 July 2019
Procedural Posture
Class 1 Appeal / Judgment After Conciliation Conference
Outcome
Appeal upheld; modification application approved with amended conditions
Legal Topics
Modification Application, Development Consent, Conciliation Conference, Jurisdictional Prerequisites
Planning and Environment Law Modification Application Development Consent Conciliation Conference Jurisdictional Prerequisites

Case Brief

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Parties

Whiteway House (No.348) Pty Ltd

Applicant

Waverley Council

Respondent

Procedural Posture

Class 1 Appeal / Judgment After Conciliation Conference

Legal Issues

  1. 1 Whether the modification application results in a development substantially the same as originally approved
  2. 2 Whether the Court can dispose of proceedings in accordance with the parties' agreement under s 34(3) Land and Environment Court Act 1979

Ratio Decidendi

The proposed modifications result in a development substantially the same as approved; the parties' agreement is permissible for approval under s 34(3) Land and Environment Court Act 1979; and the Court must give effect to that agreement by upholding the appeal and approving the modification application with amended conditions.

Court Disposition

Appeal upheld; modification application approved with amended conditions

Orders

  • The Applicant is granted leave to amend the modification application to rely upon the amended architectural plans and landscape plans referred to in condition 1(a) and (b) of Annexure A.
  • The Appeal is upheld.