Elfalak v Canterbury-Bankstown Council [2021] NSWLEC 1609

Elfalak v Canterbury-Bankstown Council [2021] NSWLEC 1609

The appeal is upheld and the application to modify Development Consent No. DA 483/2018 is approved because the modification sought is substantially the same, addresses all relevant planning and statutory requirements, and is agreed between the parties in accordance with the Court's statutory functions.

Jurisdiction
Australia
Judgment Date
29 October 2021
Procedural Posture
Class 1 Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld, consent modification application approved
Legal Topics
['development Consent Modification' 'appeal Against Deemed Refusal' 'environmental Planning']
['planning Law'] ['development Consent Modification' 'appeal Against Deemed Refusal' 'environmental Planning']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Class 1 Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the modification application is substantially the same as the previously approved development' 'Whether the jurisdictional requirements for modification under s 4.55(1A) EPA Act are satisfied' 'Compliance with relevant planning instruments and policies']

Ratio Decidendi

The appeal is upheld and the application to modify Development Consent No. DA 483/2018 is approved because the modification sought is substantially the same, addresses all relevant planning and statutory requirements, and is agreed between the parties in accordance with the Court's statutory functions.

Court Disposition

Appeal upheld, consent modification application approved

Orders

  • ['The appeal is upheld.' 'The application to modify Development Consent No. DA 483/2018 in the terms set out in Annexure A is approved.' 'The terms of the consolidated Development Consent No. DA 483/2018, as modified, are set out in Annexure B.']