JN Development Management Pty Ltd v Woollahra Municipal Council

Judgment

1. COMMISSIONER: This is an appeal, pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 (EPA Act), against the refusal of Modification Application No. 547/2015/4, made pursuant to the provisions of s 4.56 of the EPA Act, to modify Development Consent No. 574/2015 granted on 17 August 2016 (JN Development Pty Ltd v Woollahra Municipal Council [2016] NSWLEC 1361) for demolition of the existing dwelling and construction of new part three (3) and part four (4) storey dwelling house with swimming pool, garage and associated landscaping, at 9 Sutherland Crescent, Darling Point (Lot 2 of DP1189573) (the site).
2. The Court arranged a conciliation conference under s 34AA of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 25 November 2024. I presided over the conciliation conference. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the function under s 4.56(1) of the EPA Act to modify the development consent.
3. The two modification applications, each to modify a different development consent relating to the same site, were the subject of the conciliation conference on 25 November 2024. The other appeal is JN Development Management Pty Ltd v Woollahra Municipal Council, File Number 2024/211663.
4. There are preconditions to the exercise of power to modify the development consent.