Charles v Sutherland Shire Council [2021] NSWLEC 1123

Charles v Sutherland Shire Council [2021] NSWLEC 1123

The proposed modification will result in minimal environmental impact, is substantially the same development, has been properly notified, and no fresh environmental concerns arise; therefore, the modification application may be approved.

Parties
Applicant: Anthony William Charles; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
12 March 2021
Procedural Posture
Appeal Modification Application / Final Judgment/orders After Conciliation Conference
Outcome
Appeal upheld; modification application approved with conditions
Legal Topics
Modification of Development Consent, Minimal Environmental Impact, Judicial Approval of Consent
Planning Law Environmental Law Modification of Development Consent Minimal Environmental Impact Judicial Approval of Consent

Case Brief

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Parties

Anthony William Charles

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

Appeal Modification Application / Final Judgment/orders After Conciliation Conference

Legal Issues

  1. 1 Whether the modification application satisfied the criteria in s 4.55(1A) of the Environmental Planning and Assessment Act 1979
  2. 2 Whether adverse environmental impacts arise from the proposal
  3. 3 Whether the proposal is substantially the same as the originally approved development

Ratio Decidendi

The proposed modification will result in minimal environmental impact, is substantially the same development, has been properly notified, and no fresh environmental concerns arise; therefore, the modification application may be approved.

Court Disposition

Appeal upheld; modification application approved with conditions

Orders

  • The applicant is granted leave to amend the application to rely upon the amended plans listed in Condition 3A of the consolidated conditions of consent at Annexure A.
  • The appeal is upheld.