MPGA Pty Ltd v Fairfield City Council [2021] NSWLEC 1326

MPGA Pty Ltd v Fairfield City Council [2021] NSWLEC 1326

The proposed modification, increasing the maximum number of children from 68 to 84 without physical changes to the site or building, constitutes substantially the same development as originally approved, and all jurisdictional and statutory prerequisites for modification are satisfied. The parties’ agreement is an order the Court could properly make.

Jurisdiction
Australia
Judgment Date
11 June 2021
Procedural Posture
Development Appeal (modification Application) / Final Decision After Conciliation Conference
Outcome
Application upheld; orders made by consent
Legal Topics
['development Consent Modification' 'child Care Centre' 'conciliation Conference']
['planning Law' 'environmental Law'] ['development Consent Modification' 'child Care Centre' 'conciliation Conference']

Case Brief

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Procedural Posture

Development Appeal (modification Application) / Final Decision After Conciliation Conference

Legal Issues

  1. 1 ['Whether the proposed modification results in a development that is substantially the same as originally approved under s 4.55(2) Environmental Planning and Assessment Act 1979' 'Whether jurisdictional prerequisites under s 4.55(2) EPA Act and relevant State Environmental Planning Policies are satisfied for modifying the consent for a child care centre']

Ratio Decidendi

The proposed modification, increasing the maximum number of children from 68 to 84 without physical changes to the site or building, constitutes substantially the same development as originally approved, and all jurisdictional and statutory prerequisites for modification are satisfied. The parties’ agreement is an order the Court could properly make.

Court Disposition

Application upheld; orders made by consent

Orders

  • ['Applicant granted leave to rely on specified amended plans and documents.' 'Appeal upheld.' 'Modification of Development Consent No. 352.1/2018 approved: maximum number of children increased from 68 to 84.' "Development Consent No. 352.1/2018 modified as set out in Annexure 'A'." "Development Consent No....