INA Operations Pty Ltd v Mid-Coast Council [2024] NSWLEC 1499

INA Operations Pty Ltd v Mid-Coast Council [2024] NSWLEC 1499

The Court was satisfied that the agreed decision to grant the modification application was one it could make in the proper exercise of its functions because the modified development remained substantially the same as the originally approved development, the amendments concerned matters of detail in layout and design, did not change the character of the development or approved site yield, and the required referrals, notification and other jurisdictional matters were addressed.

Jurisdiction
Australia
Judgment Date
19 August 2024
Procedural Posture
Class 1 Modification Application to Modify a Court Granted Development Consent / Orders Made Following Agreement Reached at Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
The application is granted and Development Consent No DA2022/1248 is modified.
Legal Topics
['modification of Development Consent' 'conciliation Conference' 'integrated Development' 'development Consent Conditions']
['planning and Environment Law'] ['modification of Development Consent' 'conciliation Conference' 'integrated Development' 'development Consent Conditions']

Case Brief

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Procedural Posture

Class 1 Modification Application to Modify a Court Granted Development Consent / Orders Made Following Agreement Reached at Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court should grant leave to rely upon amended plans for the modification application.' 'Whether Development Consent No DA2022/1248 should be modified under s 4.55 of the Environmental Planning and Assessment Act 1979.' 'Whether the agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether the development as modified is substantially the same development as the development for which consent was originally granted.']

Ratio Decidendi

The Court was satisfied that the agreed decision to grant the modification application was one it could make in the proper exercise of its functions because the modified development remained substantially the same as the originally approved development, the amendments concerned matters of detail in layout and design, did not change the character of the development or approved site yield, and the required referrals, notification and other jurisdictional matters were addressed.

Court Disposition

The application is granted and Development Consent No DA2022/1248 is modified.

Orders

  • ['The Applicant is granted leave to rely upon the amended plans referred to at [12].' 'The application is granted.' 'Development Consent No DA2022/1248 is modified in the terms at Annexure A.' 'Development Consent No DA2022/1248 as modified by the Court is at Annexure B.']