Platform Project Services Pty Ltd v Minister for Planning [2017] NSWLEC 102

Landowner's consent under cl 8F(1) of the Environmental Planning and Assessment Regulation 2000 is only required for land currently included in the proposed project or modification. Since MOD 2 proposes to carry out development solely on land other than Council-owned Scott Street, Council's consent is not required.

Jurisdiction: Australia
Judgment Date: 17 August 2017
Procedural Posture: Judicial Review / Principal Judgment
Outcome: Declaration made in favour of the Applicants
Legal Topics: ['judicial Review' "landowner's Consent for Modification Applications" 'statutory Interpretation' 'modification of Concept Plan Approval']

['administrative Law' 'planning Law'] ['judicial Review' "landowner's Consent for Modification Applications" 'statutory Interpretation' 'modification of Concept Plan Approval']

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Procedural Posture

Judicial Review / Principal Judgment

Legal Issues

1 ["Is landowner's consent from Willoughby City Council required for a s 75W modification application to exclude Council-owned land from a Part 3A concept plan?"]

Ratio Decidendi

Court Disposition

Declaration made in favour of the Applicants

Orders

["The s 75W modification application (MP10_0198 MOD 2) does not require landowner's consent of Willoughby City Council." 'Costs are reserved.' 'The exhibits be returned.']