Artlong Pty Limited v Goulburn Mulwaree Council [2008] NSWLEC 1494

Artlong Pty Limited v Goulburn Mulwaree Council [2008] NSWLEC 1494

The parties' agreement regarding modifications to road standards is reasonable. The modification relates to the same development, all objections are resolved, and the merits of access, safety, and maintenance are addressed. Therefore, the consent orders are granted and specific development consent conditions are modified.

Parties
Applicant: Artlong Pty Limited; Respondent: Goulburn Mulwaree Council
Jurisdiction
Australia
Judgment Date
19 December 2008
Procedural Posture
Section 96 Modification Appeal / Final Judgment
Outcome
Appeal upheld in part by consent; modification of specified conditions of the original development consent granted.
Legal Topics
Modification of Development Consent, Rural Road Standards, Development Conditions
Planning Law Environmental Law Modification of Development Consent Rural Road Standards Development Conditions

Case Brief

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Parties

Artlong Pty Limited

Applicant

Goulburn Mulwaree Council

Respondent

Procedural Posture

Section 96 Modification Appeal / Final Judgment

Legal Issues

  1. 1 Whether the proposed modifications to the conditions of development consent relating to road standards are reasonable and satisfy planning requirements
  2. 2 Whether the modifications relate to the same development as originally consented

Ratio Decidendi

The parties' agreement regarding modifications to road standards is reasonable. The modification relates to the same development, all objections are resolved, and the merits of access, safety, and maintenance are addressed. Therefore, the consent orders are granted and specific development consent conditions are modified.

Court Disposition

Appeal upheld in part by consent; modification of specified conditions of the original development consent granted.

Orders

  • The Appeal is upheld in part.
  • Conditions 4, 6, 7, 9, 12, 41, 59, 65, 66 and 67 of the Development Consent granted to Development Application No. 94/0607/DA by the Respondent on 24 September 2007 for a 4 lot staged subdivision of the land known as Lot 743 in Deposited Plan 740895 (No. 2121) Caoura Road, Tallong NSW are modified pursuant to...