Bruce Kerr Pty Ltd v Central Coast Council [2021] NSWLEC 1149

Bruce Kerr Pty Ltd v Central Coast Council [2021] NSWLEC 1149

The Court was satisfied that the statutory notification requirements had been met, that no submissions were received during notification, and that no further Practice Note steps were required. Having considered the Traffic Joint Expert Report, plans and proposed conditions, the Court found it appropriate and within power to uphold the appeal and grant consent to modify the Court-granted development consent consistently with the agreed right-turn ban treatment.

Jurisdiction
Australia
Judgment Date
24 March 2021
Procedural Posture
Class 1 Development Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 / Appeal Against Refusal of an Application to Modify Condition 2.3 of Development Consent Da51983/2017 Under S 4.56(1) of the Environmental Planning and Assessment Act 1979; Consent Orders Considered
Outcome
Appeal upheld; modification application approved.
Legal Topics
['modification Application' 'development Consent Conditions' 'classified Road Access' 'basic Right Turn Treatment' 'consent Orders' 'notification Requirements']
['planning and Environment' 'development Appeals'] ['modification Application' 'development Consent Conditions' 'classified Road Access' 'basic Right Turn Treatment' 'consent Orders' 'notification Requirements']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Class 1 Development Appeal Pursuant to S 8.9 of the Environmental Planning and Assessment Act 1979 / Appeal Against Refusal of an Application to Modify Condition 2.3 of Development Consent Da51983/2017 Under S 4.56(1) of the Environmental Planning and Assessment Act 1979; Consent Orders Considered

Legal Issues

  1. 1 ['Whether condition 2.3 requiring Basic Right Turn treatment works on Empire Bay Drive should be modified for the eight lot residential subdivision.' "Whether the amended Proposed Modification and consent orders complied with statutory notification requirements and the Court's Practice Note." 'Whether it was lawful and appropriate to grant consent to modify development consent DA51983/2017 having regard to the evidence, plans and proposed conditions.']

Ratio Decidendi

The Court was satisfied that the statutory notification requirements had been met, that no submissions were received during notification, and that no further Practice Note steps were required. Having considered the Traffic Joint Expert Report, plans and proposed conditions, the Court found it appropriate and within power to uphold the appeal and grant consent to modify the Court-granted development consent consistently with the agreed right-turn ban treatment.

Court Disposition

Appeal upheld; modification application approved.

Orders

  • ['The Applicant is granted leave to rely on the amended plans listed in the orders.' 'The appeal is upheld.' 'Modification application no. DA/51983/2017 Part 3 to modify Development Consent No. DA/51983/2017 originally granted by the Land and Environment Court of NSW on 11 September 2018 for an eight (8) lot...