Skagias & Anor v Campbelltown City Council [2010] NSWLEC 1187

Skagias & Anor v Campbelltown City Council [2010] NSWLEC 1187

The Court was satisfied that, on the agreed amended plans and conditions, the development as modified was substantially the same as the originally approved development, and that the redesign providing a footpath, loading bay, queuing area and landscaping, together with parking management and use restrictions, addressed the Council's traffic, waste, visitor parking, servicing and public interest contentions. The requirements of s 96(2) were met and, considering the relevant s 79C matters under s 96(3), the modification application should be approved and consent orders made.

Jurisdiction
Australia
Judgment Date
16 July 2010
Procedural Posture
Appeal Under S 96(6) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of an Application Under S96(2) to Modify a Development Consent / Consent Orders; Ex Tempore Judgment
Outcome
Appeal upheld; development consent modified by consent orders.
Legal Topics
['section 96 Modification Application' 'substantially the Same Development' 'car Parking and Traffic Impacts' 'waste Collection and Servicing' 'consent Orders']
['planning and Environment Law' 'development Consent Modification'] ['section 96 Modification Application' 'substantially the Same Development' 'car Parking and Traffic Impacts' 'waste Collection and Servicing' 'consent Orders']

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Procedural Posture

Appeal Under S 96(6) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of an Application Under S96(2) to Modify a Development Consent / Consent Orders; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the development as sought to be modified is substantially the same development as that for which consent was originally granted under s96(2)(a) of the Environmental Planning and Assessment Act 1979.' 'Whether the proposed modification adequately addressed queuing, traffic flow, waste collection, loading and servicing impacts in Boots Lane.' 'Whether sufficient car parking, including visitor parking, would be provided and managed.' 'Whether the modification application should be approved having regard to s 96(3) and the relevant matters raised by s 79C of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

The Court was satisfied that, on the agreed amended plans and conditions, the development as modified was substantially the same as the originally approved development, and that the redesign providing a footpath, loading bay, queuing area and landscaping, together with parking management and use restrictions, addressed the Council's traffic, waste, visitor parking, servicing and public interest contentions. The requirements of s 96(2) were met and, considering the relevant s 79C matters under s 96(3), the modification application should be approved and consent orders made.

Court Disposition

Appeal upheld; development consent modified by consent orders.

Orders

  • ["The appeal pursuant to s 96(6) of the Environmental Planning and Assessment Act 1979 relating to the Council's deemed refusal of an application for modification of development consent DA No 2334/2007/DA-C of 14 October 2008 be upheld." 'The consent granted by Campbelltown City Council on 14 October 2008 to...