Wahbe v Blacktown City Council [2024] NSWLEC 1380

Wahbe v Blacktown City Council [2024] NSWLEC 1380

The jurisdictional prerequisites for modification under s 4.55(1A) of the Environmental Planning and Assessment Act 1979 are met: the modification is of minimal environmental impact, the modified development remains substantially the same, and notification requirements are satisfied. The Court is required to make the orders agreed to by the parties under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Lilian Wahbe; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
04 July 2024
Procedural Posture
Appeal / Post Conciliation Decision
Outcome
Appeal upheld; consent modified
Legal Topics
Modification Application, Development Consent, Conciliation Conference
Planning and Environment Modification Application Development Consent Conciliation Conference

Case Brief

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Parties

Lilian Wahbe

Applicant

Blacktown City Council

Respondent

Procedural Posture

Appeal / Post Conciliation Decision

Legal Issues

  1. 1 Whether MOD-22-00452 meets jurisdictional prerequisites for modification under s 4.55(1A) of the Environmental Planning and Assessment Act 1979
  2. 2 Whether the proposed modification is of minimal environmental impact
  3. 3 Whether the development as modified remains substantially the same

Ratio Decidendi

The jurisdictional prerequisites for modification under s 4.55(1A) of the Environmental Planning and Assessment Act 1979 are met: the modification is of minimal environmental impact, the modified development remains substantially the same, and notification requirements are satisfied. The Court is required to make the orders agreed to by the parties under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; consent modified

Orders

  • The appeal is upheld.
  • Development Consent No. DA-20-00198 is modified in the terms set out in Annexure A.