Waite v Port Macquarie-Hastings Council [2020] NSWLEC 1303

Waite v Port Macquarie-Hastings Council [2020] NSWLEC 1303

The Court, being satisfied that the parties' agreement is a decision it could have made and that statutory requirements for modification were met, upheld the appeal and approved the requested deletion of conditions E3 and E4 from the consent.

Jurisdiction
Australia
Judgment Date
15 July 2020
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; modification application approved; conditions E3 and E4 deleted from development consent.
Legal Topics
['modification Application' 'development Consent' 'conciliation Conference' 'conditions of Consent']
['planning and Environment Law'] ['modification Application' 'development Consent' 'conciliation Conference' 'conditions of Consent']

Case Brief

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Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the modification application for deletion of conditions E3 and E4 should be approved' 'Whether the application meets the requirements under Environmental Planning and Assessment Act 1979 s 4.55']

Ratio Decidendi

The Court, being satisfied that the parties' agreement is a decision it could have made and that statutory requirements for modification were met, upheld the appeal and approved the requested deletion of conditions E3 and E4 from the consent.

Court Disposition

Appeal upheld; modification application approved; conditions E3 and E4 deleted from development consent.

Orders

  • ['Applicant granted leave to amend the application to be commenced under s 8.9 of Environmental Planning and Assessment Act 1979.' 'Appeal is upheld.' 'Modification of Development Consent No. 2017/1042 approved by deleting conditions E3 and E4.' 'Consent subject to modified conditions as set out at Annexure A.']