Cracknell and Lonergan Architects Pty Ltd v Inner West Council [2017] NSWLEC 1521

Cracknell and Lonergan Architects Pty Ltd v Inner West Council [2017] NSWLEC 1521

The application for modification of the development consent satisfied all statutory preconditions under s 96(1A) of the EP&A Act, there was agreement between acoustic experts that recommended mitigation measures would ensure noise compliance, and therefore consent should be granted with conditions reflecting those recommendations to safeguard residential amenity adjacent to the site.

Jurisdiction
Australia
Judgment Date
27 September 2017
Procedural Posture
Appeal / Judgment Following Contested Hearing After Conciliation Conference Terminated
Outcome
Appeal upheld; modification granted subject to conditions
Legal Topics
['modification of Development Consent' 'industrial Noise Regulation' 'operating Hours' 'environmental Impact Assessment']
['environmental Law' 'planning Law'] ['modification of Development Consent' 'industrial Noise Regulation' 'operating Hours' 'environmental Impact Assessment']

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Procedural Posture

Appeal / Judgment Following Contested Hearing After Conciliation Conference Terminated

Legal Issues

  1. 1 ['Whether the proposed modification under s 96(1A) of the Environmental Planning and Assessment Act 1979 is of minimal environmental impact' 'Whether the development as modified is substantially the same as originally approved' 'Whether appropriate mitigation measures can address noise impacts on adjacent residential dwellings']

Ratio Decidendi

The application for modification of the development consent satisfied all statutory preconditions under s 96(1A) of the EP&A Act, there was agreement between acoustic experts that recommended mitigation measures would ensure noise compliance, and therefore consent should be granted with conditions reflecting those recommendations to safeguard residential amenity adjacent to the site.

Court Disposition

Appeal upheld; modification granted subject to conditions

Orders

  • ['The appeal is upheld.' "Development consent is granted to modify the conditions of consent granted under Determination 200200921 to reflect the modified conditions of consent attached as Annexure 'B'." 'The exhibits are returned, with the exception of Exhibits 1, A and B.']