Bingara Development Pty Ltd v Wollondilly Shire Council [2023] NSWLEC 1522

Bingara Development Pty Ltd v Wollondilly Shire Council [2023] NSWLEC 1522

The Court upheld the appeal and approved the modification application because the modification maintained the essential nature of the approved development, satisfied all procedural and notification requirements, and reflected an agreement between the parties that the Court could have properly made.

Parties
Applicant: Bingara Development Pty Ltd; Respondent: Wollondilly Shire Council
Jurisdiction
Australia
Judgment Date
13 September 2023
Procedural Posture
Modification Application Appeal / Post Conciliation Conference; Final Orders
Outcome
Appeal upheld; Modification Application approved; development consent modified per agreement and conditions.
Legal Topics
Modification of Development Consent, Road and Intersection Works, Public Notification and Submissions, Section 34 Conciliation Conference, Costs of Amendment
Planning and Environment Modification of Development Consent Road and Intersection Works Public Notification and Submissions Section 34 Conciliation Conference Costs of Amendment

Case Brief

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Parties

Bingara Development Pty Ltd

Applicant

Wollondilly Shire Council

Respondent

Procedural Posture

Modification Application Appeal / Post Conciliation Conference; Final Orders

Legal Issues

  1. 1 Whether to approve the modification application for DA/2015/283/1
  2. 2 Whether the modification results in a development substantially the same as approved
  3. 3 Whether procedural requirements for modification were met

Ratio Decidendi

The Court upheld the appeal and approved the modification application because the modification maintained the essential nature of the approved development, satisfied all procedural and notification requirements, and reflected an agreement between the parties that the Court could have properly made.

Court Disposition

Appeal upheld; Modification Application approved; development consent modified per agreement and conditions.

Orders

  • The appeal is upheld.
  • Modification Application 2015/283/2 is approved and development consent DA/2015/283/1 is modified in the terms set out in Annexure A.