Howard-Jones v Inner West Council [2019] NSWLEC 1119

Howard-Jones v Inner West Council [2019] NSWLEC 1119

The proposed modification to stormwater management complies with s 4.55(1A) of the Environmental Planning and Assessment Act 1979; development remains substantially the same; requirements of Local Environmental Plan and Development Control Plan are satisfied; no objections and the consent conditions are met. Appeal is allowed and modification approved.

Jurisdiction
Australia
Judgment Date
26 March 2019
Procedural Posture
Appeal / Conciliation Conference; Determination
Outcome
Appeal upheld; modification approved
Legal Topics
['development Application' 'modification' 'stormwater Management' 'heritage Conservation']
['planning and Environment Law'] ['development Application' 'modification' 'stormwater Management' 'heritage Conservation']

Case Brief

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Procedural Posture

Appeal / Conciliation Conference; Determination

Legal Issues

  1. 1 ['Whether modification application M/2018/75 to delete Condition 1(a) should be approved; Whether proposed stormwater management complies with environmental and planning controls; Whether the development as modified remains substantially the same as originally approved; Consistency with Leichhardt Local Environmental Plan 2013 and Leichhardt Development Control Plan 2013 requirements, including stormwater and heritage']

Ratio Decidendi

The proposed modification to stormwater management complies with s 4.55(1A) of the Environmental Planning and Assessment Act 1979; development remains substantially the same; requirements of Local Environmental Plan and Development Control Plan are satisfied; no objections and the consent conditions are met. Appeal is allowed and modification approved.

Court Disposition

Appeal upheld; modification approved

Orders

  • ['Applicant granted leave to rely on amended plans and material as set out' 'Modification Application M/2018/75 to modify Development Consent No. D/2015/496 approved in accordance with modifications in Annexure A' 'Development Consent No. D/2015/496 is now subject to consolidated, modified conditions of consent set...