Borg v Penrith City Council [2019] NSWLEC 1501

Borg v Penrith City Council [2019] NSWLEC 1501

As the statutory prerequisites for modification under s 4.55(1A) of the EPA Act are satisfied and the agreement is one the Court could make under s 34(3) of the LEC Act, the Court must uphold the appeal and approve the modification.

Parties
Applicant: Nickolas Borg; Respondent: Penrith City Council
Jurisdiction
Australia
Judgment Date
22 October 2019
Procedural Posture
Appeal of Deemed Refusal to Modify Development Consent / Final Orders After Conciliation Conference
Outcome
Appeal upheld; application to modify conditions 6 and 7 approved subject to modified conditions in Annexure 'A'.
Legal Topics
Modification of Development Consent, Conciliation Process Under Land and Environment Court Act 1979
Planning and Environment Law Modification of Development Consent Conciliation Process Under Land and Environment Court Act 1979

Case Brief

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Parties

Nickolas Borg

Applicant

Penrith City Council

Respondent

Procedural Posture

Appeal of Deemed Refusal to Modify Development Consent / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the modified development has minimal environmental impact
  2. 2 Whether the development as modified is substantially the same as originally granted
  3. 3 Whether jurisdictional prerequisites under s 4.55(1A) of the Environmental Planning and Assessment Act 1979 are satisfied

Ratio Decidendi

As the statutory prerequisites for modification under s 4.55(1A) of the EPA Act are satisfied and the agreement is one the Court could make under s 34(3) of the LEC Act, the Court must uphold the appeal and approve the modification.

Court Disposition

Appeal upheld; application to modify conditions 6 and 7 approved subject to modified conditions in Annexure 'A'.

Orders

  • The appeal is upheld.
  • The Applicant's application to modify conditions 6 and 7 of development consent DA18/0672 is approved, and is subject to the modified conditions set out in Annexure 'A'.