Paul’s Customs & Forwarding Solutions Pty Ltd v Bayside Council [2024] NSWLEC 1644

Paul’s Customs & Forwarding Solutions Pty Ltd v Bayside Council [2024] NSWLEC 1644

The modification application is substantially the same development as previously approved, satisfies all relevant statutory prerequisites and planning objectives, and, subject to additional acoustic and management conditions, appropriately addresses any adverse impacts; therefore, the appeal is upheld and the modification approved.

Parties
Applicant: Paul's Customs & Forwarding Solutions Pty Ltd ACN 100641745; Respondent: Bayside Council ABN 80690785443
Jurisdiction
Australia
Judgment Date
16 October 2024
Procedural Posture
Appeal (class 1) – Modification Application / Final Determination After Conciliation Conference
Outcome
Appeal upheld; modification application approved subject to conditions
Legal Topics
Modification of Development Consent, Hours of Operation, Noise Impact, Jurisdictional Requirements, Industrial Land Use, Public Submissions
Planning and Environment Law Modification of Development Consent Hours of Operation Noise Impact Jurisdictional Requirements Industrial Land Use Public Submissions

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Parties

Paul's Customs & Forwarding Solutions Pty Ltd ACN 100641745

Applicant

Bayside Council ABN 80690785443

Respondent

Procedural Posture

Appeal (class 1) – Modification Application / Final Determination After Conciliation Conference

Legal Issues

  1. 1 Whether modification application satisfies jurisdictional prerequisites under EPA Act for approval
  2. 2 Whether proposed modification (extended/changed hours of operation) is substantially the same development as previously approved
  3. 3 Whether conditions appropriately address noise impact and public submissions

Ratio Decidendi

The modification application is substantially the same development as previously approved, satisfies all relevant statutory prerequisites and planning objectives, and, subject to additional acoustic and management conditions, appropriately addresses any adverse impacts; therefore, the appeal is upheld and the modification approved.

Court Disposition

Appeal upheld; modification application approved subject to conditions

Orders

  • The appeal is upheld.
  • In relation to Unit 10B on Lot 100 in Deposited Plan 1213007, the modification application MDA-22/16 for modification of DA-2009/10208 is approved: (a) Development consent DA-2009/10208 is modified pursuant to Annexure A; (b) Development consent DA-2009/10208 as modified by the Court is Annexure B.