HPG General Pty Ltd v Lane Cove Municipal Council [2024] NSWLEC 1273

Land and Environment Court New South Wales

Medium Neutral Citation: HPG General Pty Ltd v Lane Cove Municipal Council [2024] NSWLEC 1273 Hearing dates: Conciliation conference on 9 May 2024 Date of orders: 28 May 2024 Decision date: 28 May 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is upheld. (2) Development Consent No. 162/2021 is modified in the terms in Annexure "A". (3) Development Consent No. 162/2021 as modified by the Court is Annexure "B". Catchwords: MODIFICATION APPLICATION – mixed use - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Land and Environment Court Act 1979, s 34 Lane Cove Local Environmental Plan 2009 Environmental Planning and Assessment Regulation 2021, ss 100, 102 Category: Principal judgment Parties: HPG General Pty Ltd (Applicant) Lane Cove Municipal Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) A Seton (Solicitor) (Respondent)

Solicitors: Mills Oakley (Applicant) Marsdens Law Group (Respondent) File Number(s): 2023/217429 Publication restriction: Nil

JUDGMENT 1. COMMISSIONER: This is a Class 1 development appeal pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 (EPA Act). The appeal is against the refusal of a modification application of DA-162/2021 at 13-19 Canberra Avenue, St Leonards legally known as Lots 11-14, Section 3, DP 7259. The modification application, as amended, primarily seeks alterations and additions for an additional storey of two storey apartments, alterations to Level 12 and associated works in the basement. 2. The matter was set down for hearing on 9 and 10 May 2024. At the commencement of the hearing, the parties requested a s 34 conciliation conference as the issues in dispute had been resolved. The Court granted the request and arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) on 9 May 2024. I presided over the conciliation conference. 3. 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. This decision involved the Court upholding the appeal for the modification application and modifying the development consent. 4. Accompanying the submitted s 34 agreement, the parties have provided a jurisdictional statement setting out how the proposal has satisfied the jurisdictional requirements. 5. 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. 6. The parties' decision involves the Court exercising the function under s 4.55(2) of the EPA Act to modify the development consent.