193 Liverpool Road Pty Ltd v Inner West Council [2020] NSWLEC 1098

193 Liverpool Road Pty Ltd v Inner West Council [2020] NSWLEC 1098

The Court upheld the appeal as the parties agreed on modifications that satisfied statutory requirements—the development as modified remained substantially the same, and the Court was empowered to dispose of proceedings under s 34 of the LEC Act.

Jurisdiction
Australia
Judgment Date
05 March 2020
Procedural Posture
Appeal (class 1 Modification Application) / Consent/final Orders After Conciliation Conference
Outcome
Appeal upheld; modification application approved subject to conditions
Legal Topics
['modification of Development Consent' 'boarding House Development' 'car Parking Requirements' 'conciliation Conference Procedures']
['planning and Environment Law'] ['modification of Development Consent' 'boarding House Development' 'car Parking Requirements' 'conciliation Conference Procedures']

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Procedural Posture

Appeal (class 1 Modification Application) / Consent/final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the proposed modification to the development consent can be granted under s 4.55(8) of the Environmental Planning and Assessment Act 1979' 'Whether the modified development is substantially the same as the development for which consent was originally granted']

Ratio Decidendi

The Court upheld the appeal as the parties agreed on modifications that satisfied statutory requirements—the development as modified remained substantially the same, and the Court was empowered to dispose of proceedings under s 34 of the LEC Act.

Court Disposition

Appeal upheld; modification application approved subject to conditions

Orders

  • ['The Applicant is granted leave to amend the application to rely on the updated Plan of Management for the Boarding House dated 24 February 2020.' 'The appeal is upheld.' "The application to modify Development Consent No. 10.2016.65.1 granted by the Land and Environment Court on 1 March 2017 relating to 193...