Ashbury Projects Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1824

Ashbury Projects Pty Ltd v Canterbury-Bankstown Council [2024] NSWLEC 1824

The Court was satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted, all statutory preconditions are met, and potential impacts of the amendments are minor and adequately addressed. The modifications are therefore approved pursuant to the agreement between the parties.

Parties
Applicant: Ashbury Projects Pty Ltd; Respondent: Canterbury-Bankstown Council
Jurisdiction
Australia
Judgment Date
19 December 2024
Procedural Posture
Modification Application (class 1) / Final Determination After Conciliation Conference
Outcome
Modification application granted by consent
Legal Topics
Development Application Modification, Substantially the Same Development Test, Conciliation Conference, Consent Orders
Environmental and Planning Law Development Application Modification Substantially the Same Development Test Conciliation Conference Consent Orders

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Parties

Ashbury Projects Pty Ltd

Applicant

Canterbury-Bankstown Council

Respondent

Procedural Posture

Modification Application (class 1) / Final Determination After Conciliation Conference

Legal Issues

  1. 1 Whether the proposed modifications to Development Consent DA-826/2020 constitute substantially the same development as originally approved
  2. 2 Compliance with statutory requirements for modifying development consent under s 4.55(2) of the Environmental Planning and Assessment Act 1979
  3. 3 Whether the proposed modifications comply with relevant planning controls, policies, and standards

Ratio Decidendi

The Court was satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted, all statutory preconditions are met, and potential impacts of the amendments are minor and adequately addressed. The modifications are therefore approved pursuant to the agreement between the parties.

Court Disposition

Modification application granted by consent

Orders

  • The applicant is to pay the respondent's costs thrown away by the amendment of the development application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $8,750.00.
  • The application is granted.