BC Sands Pty Ltd v Sutherland Shire Council [2022] NSWLEC 1310

BC Sands Pty Ltd v Sutherland Shire Council [2022] NSWLEC 1310

The appeal was upheld and the modification application was approved because the application proposed only minor changes that improved stormwater management, landscaping and air quality outcomes, did not alter the approved use, satisfied all relevant statutory requirements and planning controls, and both parties agreed to the terms in a conciliation conference.

Parties
Applicant: BC Sands Pty Ltd; Respondent: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
16 June 2022
Procedural Posture
Development Application (class 1 Appeal) / Orders Following Conciliation Conference
Outcome
Appeal upheld; modification application approved with conditions per agreement of parties.
Legal Topics
Development Application Modification, Conciliation Conference, Environmental Impacts, Stormwater Management, Landscaping Requirements, Air Quality Management
Planning Law Environmental Law Development Application Modification Conciliation Conference Environmental Impacts Stormwater Management Landscaping Requirements Air Quality Management

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Parties

BC Sands Pty Ltd

Applicant

Sutherland Shire Council

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the modification application satisfies statutory and planning controls to permit modification of a development consent for storage, processing and associated works at 39 Mangrove Lane, Taren Point.

Ratio Decidendi

The appeal was upheld and the modification application was approved because the application proposed only minor changes that improved stormwater management, landscaping and air quality outcomes, did not alter the approved use, satisfied all relevant statutory requirements and planning controls, and both parties agreed to the terms in a conciliation conference.

Court Disposition

Appeal upheld; modification application approved with conditions per agreement of parties.

Orders

  • The appeal is upheld.
  • Pursuant to s 4.55(1A) of the Environmental Planning and Assessment Act 1979, Modification application No. MA20/0295 for amendments to stormwater, landscaping and air quality management at 39 Mangrove Lane, Taren Point (Lot 7 in DP 1036920) is approved subject to conditions set out in Annexure 'A'.