Karampour v Fairfield City Council [2021] NSWLEC 1769

Karampour v Fairfield City Council [2021] NSWLEC 1769

The Court upheld the modification appeal, granting development consent to the revised environmental conditions since the consent as modified remains substantially the same development, and, as the required environmental works are now conditions of consent, the Council's Order No. 11 is revoked. The parties' agreement is one that the Court could properly make under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
17 December 2021
Procedural Posture
Appeals (modification Application and Order Appeal) / Post Conciliation – Final Orders Made
Outcome
Modification appeal upheld; development consent modified; local government order revoked.
Legal Topics
['modification of Development Consent' 'revocation of Local Government Order' 'function Centre Development' 'environmental Works' 'land Zoning']
['planning and Environment' 'local Government'] ['modification of Development Consent' 'revocation of Local Government Order' 'function Centre Development' 'environmental Works' 'land Zoning']

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Procedural Posture

Appeals (modification Application and Order Appeal) / Post Conciliation – Final Orders Made

Legal Issues

  1. 1 ['Whether the proposed modification to development consent is permissible under s 4.55(2) of the Environmental Planning and Assessment Act 1979' "Whether the Council's Order No. 11 under s 124 of the Local Government Act 1993 should be revoked"]

Ratio Decidendi

The Court upheld the modification appeal, granting development consent to the revised environmental conditions since the consent as modified remains substantially the same development, and, as the required environmental works are now conditions of consent, the Council's Order No. 11 is revoked. The parties' agreement is one that the Court could properly make under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Modification appeal upheld; development consent modified; local government order revoked.

Orders

  • ['The appeal (modification) is upheld.' 'Development Consent No. 688.1/2021 is modified as set out in Annexure A.' 'Development Consent No. 688.1/2021 is subject to consolidated modified conditions (Annexure B).' 'Orders in the revoked local government order (Order No. 11 – 9 September 2021) are incorporated into...