Dravin Pty Ltd v Blacktown City Council [2016] NSWLEC 1447

Dravin Pty Ltd v Blacktown City Council [2016] NSWLEC 1447

The proposed modification would significantly increase the volume of waste received and the number of truck movements, altering the intensity and nature of the development compared to the original consent. Therefore, the development as modified is not substantially the same and is not of minimal environmental impact.

Jurisdiction
Australia
Judgment Date
28 September 2016
Procedural Posture
Appeal Against Refusal to Modify Development Consent / Judgment
Outcome
Appeal dismissed; modification application refused.
Legal Topics
['modification of Development Consent' 'waste Disposal Depot' 'environmental Impact' "determination of 'substantially the Same' Development"]
['planning and Environment Law'] ['modification of Development Consent' 'waste Disposal Depot' 'environmental Impact' "determination of 'substantially the Same' Development"]

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Against Refusal to Modify Development Consent / Judgment

Legal Issues

  1. 1 ['Whether modification is substantially the same as the development originally approved' 'Whether modification is of minimal environmental impact']

Ratio Decidendi

The proposed modification would significantly increase the volume of waste received and the number of truck movements, altering the intensity and nature of the development compared to the original consent. Therefore, the development as modified is not substantially the same and is not of minimal environmental impact.

Court Disposition

Appeal dismissed; modification application refused.

Orders

  • ['The appeal is dismissed.' 'The application to modify an existing development consent that provides for the use of Lots 1-116, DP 1784, Burfitt Road, John Street and Mary Street, Schofields for a waste disposal depot is refused.' 'The exhibits are returned with the exception of exhibit 1.']