LOGOS Development Management Pty Ltd v The Minister for Planning and Public Spaces [2024] NSWLEC 1241

LOGOS Development Management Pty Ltd v The Minister for Planning and Public Spaces [2024] NSWLEC 1241

The Court could make the agreed decision because the owner consent requirement was met, the proposed modification changed the entity responsible for carrying out road upgrade works and was of minimal environmental impact, the development as modified remained substantially the same as the approved staged warehouse...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 May 2024
Procedural Posture
Class 1 Appeal Under S 8.9 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Modification Application SSD 7155 Mod 10 / Orders Made Following a Further Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld; modification application SSD-7155- Mod 10 approved subject to conditions.
Legal Topics
['modification Application' 'state Significant Development' 'road Upgrade Works Conditions' 'conciliation Conference' 'minimal Environmental Impact' 'substantially the Same Development']
['planning and Environment' 'development Consent Modification' 'land and Environment Court Procedure'] ['modification Application' 'state Significant Development' 'road Upgrade Works Conditions' 'conciliation Conference' 'minimal Environmental Impact' 'substantially the Same Development']

Source-derived case record

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Procedural Posture

Class 1 Appeal Under S 8.9 of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of Modification Application SSD 7155 Mod 10 / Orders Made Following a Further Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the agreed decision to approve modification application SSD-7155- Mod 10 was a decision 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 modification application satisfied s 4.55(1A) of the Environmental Planning and Assessment Act 1979, including minimal environmental impact and substantially the same development.' 'Whether notification was required for the modification application.' 'Whether relevant matters under s 4.15(1) of the Environmental Planning and Assessment Act 1979 precluded approval of the modification application.']

Ratio Decidendi

The Court could make the agreed decision because the owner consent requirement was met, the proposed modification changed the entity responsible for carrying out road upgrade works and was of minimal environmental impact, the development as modified remained substantially the same as the approved staged warehouse development, notification was not required for the State significant development modification application, and no relevant matter under s 4.15(1) precluded approval.

Court Disposition

Appeal upheld; modification application SSD-7155- Mod 10 approved subject to conditions.

Orders

  • ['The Appeal is upheld.' 'The modification application SSD-7155- Mod 10 relating to development consent no. SSD-7155 is approved, subject to the conditions at Annexure A.' 'As a consequence of Order (2), development consent no SSD-7155 for staged construction of warehouse buildings, associated office space, access...