Fourth Avenue Developments Pty Ltd v City of Parramatta Council [2020] NSWLEC 1494

Fourth Avenue Developments Pty Ltd v City of Parramatta Council [2020] NSWLEC 1494

The application to modify the development consent met all jurisdictional prerequisites under the Environmental Planning and Assessment Act 1979 and the Biodiversity Conservation Act 2016. The modifications did not increase impacts on biodiversity values, and appropriate offset conditions were maintained. The conciliated agreement between parties was within the Court's jurisdiction to make, and the development as modified remained substantially the same as the original consent.

Jurisdiction
Australia
Judgment Date
16 October 2020
Procedural Posture
Appeal (class 1) / Final Orders After Conciliation Conference
Outcome
Appeal upheld. Modification of development consent granted.
Legal Topics
['development Consent Modification' 'subdivision' 'tree Removal' 'biodiversity Offsets']
['planning and Environment Law'] ['development Consent Modification' 'subdivision' 'tree Removal' 'biodiversity Offsets']

Case Brief

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Procedural Posture

Appeal (class 1) / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the proposed modification application meets the jurisdictional prerequisites under the Environmental Planning and Assessment Act 1979 and the Biodiversity Conservation Act 2016' 'Whether the modified development remains substantially the same development as originally consented' 'Whether the conditions regarding biodiversity and tree removal are satisfied']

Ratio Decidendi

The application to modify the development consent met all jurisdictional prerequisites under the Environmental Planning and Assessment Act 1979 and the Biodiversity Conservation Act 2016. The modifications did not increase impacts on biodiversity values, and appropriate offset conditions were maintained. The conciliated agreement between parties was within the Court's jurisdiction to make, and the development as modified remained substantially the same as the original consent.

Court Disposition

Appeal upheld. Modification of development consent granted.

Orders

  • ['The applicant is granted leave to amend the application to rely upon the amended plans and documents referred to in condition 1 of the consolidated conditions of consent at Annexure A.' 'The appeal is upheld.' 'Development Consent No. 203/2019 for the demolition of buildings, the removal of trees and subdivision...