Guntawong Developments No1 Pty Ltd ATF Guntawong Dev No1 Trust v Blacktown City Council [2023] NSWLEC 1362

Guntawong Developments No1 Pty Ltd ATF Guntawong Dev No1 Trust v Blacktown City Council [2023] NSWLEC 1362

Jurisdictional pre-requisites for modification under s 4.55(1A) of the EPA Act were satisfied, the modification is of minimal environmental impact, and the development remains substantially the same as originally consented; therefore, the Court is required to uphold the appeal and approve the modification as agreed by the parties.

Jurisdiction
Australia
Judgment Date
13 July 2023
Procedural Posture
Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld; Modification application approved
Legal Topics
['modification Application' 'development Consent' 'jurisdictional Pre Requisites']
['planning and Environment'] ['modification Application' 'development Consent' 'jurisdictional Pre Requisites']

Case Brief

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Procedural Posture

Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether MOD-22-00114 satisfies the jurisdictional requirements under s 4.55(1A) and s 4.55(3) of the Environmental Planning and Assessment Act 1979' 'Whether the proposed modification is of minimal environmental impact' 'Whether the modified development is substantially the same as the original development' 'Compliance with relevant State Environmental Planning Policies']

Ratio Decidendi

Jurisdictional pre-requisites for modification under s 4.55(1A) of the EPA Act were satisfied, the modification is of minimal environmental impact, and the development remains substantially the same as originally consented; therefore, the Court is required to uphold the appeal and approve the modification as agreed by the parties.

Court Disposition

Appeal upheld; Modification application approved

Orders

  • ['The appeal is upheld.' 'The Modification Application (MOD-22-00114) is determined by approving the modifications as set out in Annexure A.' 'Development Consent No DA-17-02747 is now subject to the consolidated, modified conditions set out in Annexure B.']