Australian Native Landscapes Pty Ltd v Mid-Coast Council [2024] NSWLEC 1769

Australian Native Landscapes Pty Ltd v Mid-Coast Council [2024] NSWLEC 1769

The appeal is upheld and Condition 4.1 is deleted from the modified development consent DA-9/2021, as the parties agreed and the Court is satisfied the modification application meets statutory requirements, does not intensify or alter the character of the development, and the Court must make orders reflecting the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Australian Native Landscapes Pty Ltd; Respondent: Mid-Coast Council
Jurisdiction
Australia
Judgment Date
28 November 2024
Procedural Posture
Development Appeal (class 1) / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; orders by consent modifying development approval
Legal Topics
Development Consent, Modification Application, Conditions of Consent, Appeal, Jurisdiction of Land and Environment Court
Planning Law Environmental Law Development Consent Modification Application Conditions of Consent Appeal Jurisdiction of Land and Environment Court

Case Brief

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Parties

Australian Native Landscapes Pty Ltd

Applicant

Mid-Coast Council

Respondent

Procedural Posture

Development Appeal (class 1) / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether Condition 4.1 (Composting prohibited) should be deleted from modified development consent DA-9/2021
  2. 2 Whether the modification application is substantially the same development as originally approved
  3. 3 Whether the proceeding is capable of resolution by Court order in accordance with parties' agreement under s 34 Land and Environment Court Act 1979

Ratio Decidendi

The appeal is upheld and Condition 4.1 is deleted from the modified development consent DA-9/2021, as the parties agreed and the Court is satisfied the modification application meets statutory requirements, does not intensify or alter the character of the development, and the Court must make orders reflecting the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; orders by consent modifying development approval

Orders

  • The appeal is upheld.
  • Development consent DA-9/2021 for the construction of three industrial sheds and alterations to an existing workshop at Lot 1 in Deposited Plan 714149, 12 Pindimar Road, Tea Gardens, is modified in the terms in Annexure A.