Australia, Jan. 23 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 24:

1. On 4 November 2019, the Willoughby City Council granted development consent to Development Application No DA-2017/467 (original Development Consent) for the demolition of existing structures and construction of a new residential flat building with basement carparking and landscaping at 211 Victoria Avenue, Chatswood NSW 2067 (Site).

2. On 6 July 2023, the Applicant lodged Modification Application No DA-2017/467/A for approval to modify the original consent to change the internal layouts of units, and to increase the approved floor to floor ceiling heights to satisfy the Apartment Design Guide (ADG) and enhance buildability and associated works (Modification Application).

3. The Council has determined to refuse the Modification Application and the Applicant 8 December 2023 has appealed against that decision under s 8.9 of the Environmental Planning and Assessment Act 1979 (EPA Act) .

4. On 11 July 2024, the Court arranged a conciliation conference between the parties, and I was the presiding commissioner. During the conciliation conference the Applicant provided the Council with an amended application which resolved the contentions. On 4 December 2024, the Council, as the relevant consent authority, approved, pursuant to s 113(4) of the Environmental Planning and Assessment Regulation 2021 (EPA Regulation 2021), the Applicant relying on the amended application.

5. The parties now propose resolution of the proceedings in accordance with the terms outlined in their executed s 34 written agreement dated 19 December 2024 (Agreement).

6. Under s 34(3) of the Land and Environment Court Act 1979 (LEC Act), I must dispose of the proceedings in accordance with the parties' signed agreement if the Court could have made that decision in the proper exercise of its functions.

7. The parties have identified the jurisdictional pre-conditions that must be satisfied before the Court can exercise its functions under s 34(3) of the LEC Act and s 4.55(2) EPA Act to dispose of these proceedings and grant the orders sought. In that regard, I note the following:

Owner's consent

8. The Modification Application was made with the consent of the owners of the Site (see Class 1 supporting materials).

9. The proposed development is confined to the Site.

Notification

10. The Modification Application, as amended, was notified by the Council from 24 July 2023 until 7 August 2023. No submissions were received.

Environmental Planning and Assessment Act 1979

11. The Modification Application, as amended is made pursuant to s 4.55(2) of the EPA Act.

*Rest of the document and Footnotes can be viewed at: (https://www.caselaw.nsw.gov.au/decision/193f175ed1b4da486e4e411f)

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