KJ Planning v Georges River Council [2020] NSWLEC 1453

KJ Planning v Georges River Council [2020] NSWLEC 1453

The Court was satisfied that the proposed modifications to the conditions of development consent would only have minimal environmental impact, that the modified development would remain substantially the same as originally approved, and that all statutory prerequisites for modification were met. The agreement reached between the parties was therefore adopted and orders made in accordance with it.

Jurisdiction
Australia
Judgment Date
24 September 2020
Procedural Posture
Appeal of Modification Application Determination (class 1) / Post Conciliation Conference Determination
Outcome
Appeal upheld. Development Consent modified.
Legal Topics
['modification Application' 'development Consent' 'hours of Operation' 'noise Control' 'environmental Impact' 'statutory Compliance' 'conciliation Conference']
['planning and Environment Law'] ['modification Application' 'development Consent' 'hours of Operation' 'noise Control' 'environmental Impact' 'statutory Compliance' 'conciliation Conference']

Case Brief

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Procedural Posture

Appeal of Modification Application Determination (class 1) / Post Conciliation Conference Determination

Legal Issues

  1. 1 ['Whether the proposed modification to conditions 53, 54, and 74, and deletion of conditions 73 and 75, of the development consent should be approved' 'Whether the proposed modification has only a minimal environmental impact' 'Whether the proposed modification results in substantially the same development as originally approved' 'Whether the proposed modification complies with applicable statutory requirements']

Ratio Decidendi

The Court was satisfied that the proposed modifications to the conditions of development consent would only have minimal environmental impact, that the modified development would remain substantially the same as originally approved, and that all statutory prerequisites for modification were met. The agreement reached between the parties was therefore adopted and orders made in accordance with it.

Court Disposition

Appeal upheld. Development Consent modified.

Orders

  • ['The appeal is upheld.' 'Development Consent DA/145/2007 (LEC Order 10026 of 2008) is modified pursuant to Modification Application MOD 2018/0118 as shown in the modified conditions of consent included at Annexure A.']