Developcorp NSW Pty Ltd v Campbelltown City Council [2022] NSWLEC 1404

Developcorp NSW Pty Ltd v Campbelltown City Council [2022] NSWLEC 1404

The application to modify the existing development consent satisfied all jurisdictional prerequisites, was substantially the same as the original consent, complied with planning instruments and policy requirements, and resolved all objections; thus, the appeal was upheld and the modification approved as agreed between the parties.

Parties
Applicant: Developcorp NSW Pty Ltd; Respondent: Campbelltown City Council
Jurisdiction
Australia
Judgment Date
03 August 2022
Procedural Posture
Modification Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent modified as set out in annexures.
Legal Topics
Modification of Development Consent, Residential Apartment Development, Conciliation Agreement, Design Quality, Public Notification
Environmental Law Planning Law Modification of Development Consent Residential Apartment Development Conciliation Agreement Design Quality Public Notification

Case Brief

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Parties

Developcorp NSW Pty Ltd

Applicant

Campbelltown City Council

Respondent

Procedural Posture

Modification Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the modification application (MA 2293/2015/DA-RA/B) should be approved under s 4.55 of the Environmental Planning and Assessment Act 1979
  2. 2 Whether the proposed modifications substantially maintain the original development consent
  3. 3 Whether jurisdictional prerequisites for modification are met

Ratio Decidendi

The application to modify the existing development consent satisfied all jurisdictional prerequisites, was substantially the same as the original consent, complied with planning instruments and policy requirements, and resolved all objections; thus, the appeal was upheld and the modification approved as agreed between the parties.

Court Disposition

Appeal upheld; development consent modified as set out in annexures.

Orders

  • The appeal is upheld.
  • Development Consent DA 2293/2015/DA-RA is modified (MA 2293/2015/DA-RA/B) in the terms as set out at Annexure A.