Princeton Capstack Pty Ltd ATF Princeton Blackhurst Equity Trust v Georges River Council [2024] NSWLEC 1318

Princeton Capstack Pty Ltd ATF Princeton Blackhurst Equity Trust v Georges River Council [2024] NSWLEC 1318

The modification meets the criteria under s 4.55(1A) for minimal environmental impact and substantial sameness, satisfies notification and assessment requirements, and no jurisdictional impediments exist. The parties' consensual resolution is within the Court's power and appropriate orders are made.

Parties
Applicant: Princeton Capstack Pty Ltd ATF Princeton Blackhurst Equity Trust; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
13 June 2024
Procedural Posture
Appeal Class 1 / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; Development Consent modified by consent, subject to consolidated conditions.
Legal Topics
Modification Application, Residential Flat Building, Conciliation Conference, Consent Orders, Minimal Environmental Impact
Planning and Environment Modification Application Residential Flat Building Conciliation Conference Consent Orders Minimal Environmental Impact

Case Brief

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Parties

Princeton Capstack Pty Ltd ATF Princeton Blackhurst Equity Trust

Applicant

Georges River Council

Respondent

Procedural Posture

Appeal Class 1 / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the modification application (MOD2023/0009) satisfies s 4.55(1A) of the Environmental Planning and Assessment Act 1979
  2. 2 Whether the proposed development remains substantially the same
  3. 3 Whether notification and submissions requirements are met

Ratio Decidendi

The modification meets the criteria under s 4.55(1A) for minimal environmental impact and substantial sameness, satisfies notification and assessment requirements, and no jurisdictional impediments exist. The parties' consensual resolution is within the Court's power and appropriate orders are made.

Court Disposition

Appeal upheld; Development Consent modified by consent, subject to consolidated conditions.

Orders

  • The appeal is upheld.
  • Development Consent DA2018/0237 is modified by consent in the terms set out in Annexure A.