Detala Pty Ltd V Byron Shire Council [1999] NSWLEC 278

The proposed modification is not minor and would affect protections for significant vegetation, engaging s 79B(3)-(7) of the Environmental Planning and Assessment Act 1979; as concurrence of the Director-General of National Parks and Wildlife has not been obtained, the Court has no power to grant the modification.

Jurisdiction: Australia
Judgment Date: 10 December 1999
Procedural Posture: Application to Modify Development Consent / Hearing of Application for Modification
Outcome: Application not determined; proceedings adjourned for directions.
Legal Topics: ['development Consent' 'modification of Development Consent' 'threatened Species Protection']

['planning and Environment Law'] ['development Consent' 'modification of Development Consent' 'threatened Species Protection']

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Procedural Posture

Application to Modify Development Consent / Hearing of Application for Modification

Legal Issues

1 ['Whether the proposed modification to a development consent requires compliance with s 79B(3)-(7) of the Environmental Planning and Assessment Act 1979 due to its potential impact on threatened species or their habitat.' "Whether the proposed modification constitutes a 'minor modification' within the meaning of s 96(1) of the Environmental Planning and Assessment Act 1979."]

Ratio Decidendi

Court Disposition

Application not determined; proceedings adjourned for directions.

Orders

['Proceedings adjourned for mention on 16 December 1999 for directions for completion of the hearing.']