Leda Manorstead Pty Ltd v Minister for Planning [2019] NSWLEC 1342

Leda Manorstead Pty Ltd v Minister for Planning [2019] NSWLEC 1342

The appeal is upheld and the modification ('MOD 9') is approved because the Court is satisfied the proposal falls within the scope of former s 75W of the Environmental Planning and Assessment Act 1979 as continued by the relevant regulation. All jurisdictional prerequisites are met and the parties have reached agreement at conciliation.

Jurisdiction
Australia
Judgment Date
24 July 2019
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; modification approved
Legal Topics
['modification of Development Consent' 'offsets for Endangered Ecological Communities' 'conciliation Conference' 'statutory Jurisdictional Prerequisites']
['planning Law' 'environmental Law'] ['modification of Development Consent' 'offsets for Endangered Ecological Communities' 'conciliation Conference' 'statutory Jurisdictional Prerequisites']

Case Brief

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Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the requested modification (MOD 9) falls within the scope of former section 75W of the Environmental Planning and Assessment Act 1979' 'Whether jurisdictional prerequisites in s 75W and relevant regulations are satisfied' 'Whether modification to concept plan approval MP06_0316 should be granted']

Ratio Decidendi

The appeal is upheld and the modification ('MOD 9') is approved because the Court is satisfied the proposal falls within the scope of former s 75W of the Environmental Planning and Assessment Act 1979 as continued by the relevant regulation. All jurisdictional prerequisites are met and the parties have reached agreement at conciliation.

Court Disposition

Appeal upheld; modification approved

Orders

  • ['The Court is satisfied that the requested modification falls within the scope of former section 75W of the Environmental Planning and Assessment Act 1979, as continued in force by clause 3C of Schedule 2 of the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017.'...