IDP 971 Richmond Pty Ltd v Blacktown City Council [2024] NSWLEC 1595

IDP 971 Richmond Pty Ltd v Blacktown City Council [2024] NSWLEC 1595

The necessary jurisdictional prerequisites under s 4.55 of the Environmental Planning and Assessment Act 1979 were satisfied, owners’ consent was obtained, requirements for notification and concurrence were met, and the agreed modifications did not offend the reasons for the original grant of development consent. Accordingly, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings consistent with the parties’ agreement.

Parties
Applicant: IDP 971 Richmond Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
26 September 2024
Procedural Posture
Modification Application (class 1) / Determination After Conciliation Conference
Outcome
Modification application approved; development consent modified
Legal Topics
Modification Application, Development Consent, Civil Works, Jurisdictional Prerequisites, Conciliation Conference
Planning and Environment Modification Application Development Consent Civil Works Jurisdictional Prerequisites Conciliation Conference

Case Brief

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Parties

IDP 971 Richmond Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Modification Application (class 1) / Determination After Conciliation Conference

Legal Issues

  1. 1 Whether jurisdictional prerequisites for modification under s 4.55 Environmental Planning and Assessment Act 1979 are satisfied
  2. 2 Whether the proposed modifications result in development substantially the same as originally approved
  3. 3 Whether statutory procedures including notification, owners' consent and concurrence from approval bodies have been complied with

Ratio Decidendi

The necessary jurisdictional prerequisites under s 4.55 of the Environmental Planning and Assessment Act 1979 were satisfied, owners’ consent was obtained, requirements for notification and concurrence were met, and the agreed modifications did not offend the reasons for the original grant of development consent. Accordingly, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings consistent with the parties’ agreement.

Court Disposition

Modification application approved; development consent modified

Orders

  • The modification application pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 is determined by way of approval.
  • Development Consent No SPP-20-00002 is modified in the terms in Annexure A.