Bango Wind Farm Pty Ltd v NSW Minister for Planning [2019] NSWLEC 1254

Bango Wind Farm Pty Ltd v NSW Minister for Planning [2019] NSWLEC 1254

The agreed modification was within the Court's power because the proposed subdivisions and addition of oversail lots were largely procedural, commercial or technical requirements arising from detailed design and implementation, would not result in additional environmental impacts, were of minor environmental impact, preserved substantially the same approved development, satisfied consultation and planning instrument considerations, and were in the public interest; accordingly, under s 34(3) of the Land and Environment Court Act 1979 the Court was required to give effect to the parties' agreed decision.

Jurisdiction
Australia
Judgment Date
07 June 2019
Procedural Posture
Class 1 Modification Application Concerning Development Consent for State Significant Development / Final Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Leave granted to amend the modification application; appeal upheld; development consent modified.
Legal Topics
['modification of Development Consent' 'state Significant Development' 'wind Farm' 'subdivision of Land' 'conciliation Conference' 'agreement Between Parties']
['environmental Planning and Development' 'land and Environment Court Procedure'] ['modification of Development Consent' 'state Significant Development' 'wind Farm' 'subdivision of Land' 'conciliation Conference' 'agreement Between Parties']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Modification Application Concerning Development Consent for State Significant Development / Final Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether leave should be granted to amend the modification application to add two lots to the project site to accommodate oversail of three wind turbine blades.' 'Whether the proposed modification was of minimal or minor environmental impact and could be considered under s 4.55(1A) of the Environmental Planning and Assessment Act 1979.' 'Whether the development as proposed to be modified was substantially the same development as approved.' 'Whether statutory preconditions, including consultation and consideration of relevant planning instruments and public interest matters, were satisfied.' "Whether the parties' agreed decision was a decision the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

The agreed modification was within the Court's power because the proposed subdivisions and addition of oversail lots were largely procedural, commercial or technical requirements arising from detailed design and implementation, would not result in additional environmental impacts, were of minor environmental impact, preserved substantially the same approved development, satisfied consultation and planning instrument considerations, and were in the public interest; accordingly, under s 34(3) of the Land and Environment Court Act 1979 the Court was required to give effect to the parties' agreed decision.

Court Disposition

Leave granted to amend the modification application; appeal upheld; development consent modified.

Orders

  • ['Leave is granted to amend the modification application in accordance with the Amended Class 1 Application.' 'The appeal is upheld.' 'Development consent for the Bango Wind Farm, development application number SSD 6686, is modified to approve the subdivision of land and amend the description of the Land to include...