Neate v Woloongong City Council (No 2) [2007] NSWLEC 482

Neate v Woloongong City Council (No 2) [2007] NSWLEC 482

As the four expert witnesses reached agreement on substitute deferred commencement conditions and no submissions were made against, the Court found it appropriate to uphold the application and order the removal and substitution of the conditions as agreed.

Jurisdiction
Australia
Judgment Date
07 August 2007
Procedural Posture
S96 Modification Application / Judgment on Application to Modify Consent
Outcome
Application upheld.
Legal Topics
['development Consent' 'modification of Development Consent' 'flood Emergency Planning' 'deferred Commencement Conditions']
['planning and Environment Law'] ['development Consent' 'modification of Development Consent' 'flood Emergency Planning' 'deferred Commencement Conditions']

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Procedural Posture

S96 Modification Application / Judgment on Application to Modify Consent

Legal Issues

  1. 1 ['Whether the deferred commencement condition for development consent should be removed and replaced with other conditions concerning emergency response to floods']

Ratio Decidendi

As the four expert witnesses reached agreement on substitute deferred commencement conditions and no submissions were made against, the Court found it appropriate to uphold the application and order the removal and substitution of the conditions as agreed.

Court Disposition

Application upheld.

Orders

  • ['The application is upheld.' 'The Deferred Commencement Condition of the consent granted on 4 April 2006 is deleted.' 'Four new Deferred Commencement Conditions are substituted as set out in the judgment.' 'An operational condition 150B is inserted requiring completion, testing, and documentation of the Flood...