E & R Property Pty Ltd v Inner West Council [2021] NSWLEC 1255

E & R Property Pty Ltd v Inner West Council [2021] NSWLEC 1255

The Court was satisfied on the evidence that the proposal modified the approved development in a way which was substantially the same, met all statutory preconditions for modification under s 4.56 of the Environmental Planning and Assessment Act 1979, satisfied environmental, design, heritage, flood, stormwater, and noise requirements and was acceptable to both parties subject to conditions, and therefore the consent should be modified as agreed.

Jurisdiction
Australia
Judgment Date
18 May 2021
Procedural Posture
Appeal (modification Application) / Determination Following Conciliation Conference
Outcome
Appeal upheld; modification application approved subject to conditions.
Legal Topics
['development Consent Modification' 'mixed Use Development' 'planning Agreement' 'conciliation Conference' 'floor Space Ratio' 'heritage Conservation' 'flood Planning' 'urban Stormwater' 'noise Attenuation']
['planning and Environment'] ['development Consent Modification' 'mixed Use Development' 'planning Agreement' 'conciliation Conference' 'floor Space Ratio' 'heritage Conservation' 'flood Planning' 'urban Stormwater' 'noise Attenuation']

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Procedural Posture

Appeal (modification Application) / Determination Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the proposed modification is substantially the same development as that originally approved' 'Whether statutory preconditions for modification under s 4.56 of the Environmental Planning and Assessment Act 1979 are met' 'Whether design quality, environmental, heritage, flood, stormwater, and noise considerations are satisfied']

Ratio Decidendi

The Court was satisfied on the evidence that the proposal modified the approved development in a way which was substantially the same, met all statutory preconditions for modification under s 4.56 of the Environmental Planning and Assessment Act 1979, satisfied environmental, design, heritage, flood, stormwater, and noise requirements and was acceptable to both parties subject to conditions, and therefore the consent should be modified as agreed.

Court Disposition

Appeal upheld; modification application approved subject to conditions.

Orders

  • ['The applicant is granted leave to rely on amended plans and supporting documents referred to in condition 1 of the consolidated consent conditions.' 'The appeal is upheld.' 'Modification Application No. M/2019/53 to modify Development Consent No. D/2017/161, for a mixed-use development at 1-13 Parramatta Road,...