Rahman Nominees Pty Limited v Inner West Council [2024] NSWLEC 1577

Rahman Nominees Pty Limited v Inner West Council [2024] NSWLEC 1577

The appeal to modify the Development Control Order is upheld and the Order is modified to remove requirements (2) and (3) in light of the Building Information Certificate. The modification application for extended operating hours is dismissed as the Applicant withdrew instructions and could not prosecute the appeal, enabling dismissal for want of due despatch.

Parties
Applicant: Rahman Nominees Pty Limited; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
25 September 2024
Procedural Posture
Class 1 Appeal / Final Judgment
Outcome
One appeal upheld and Development Control Order modified; one appeal dismissed.
Legal Topics
Modification of Development Consents, Development Control Orders, Dismissal for Want of Prosecution
Environmental Law Planning Law Modification of Development Consents Development Control Orders Dismissal for Want of Prosecution

Case Brief

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Parties

Rahman Nominees Pty Limited

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Development Control Order should be modified in light of Building Information Certificate
  2. 2 Whether the modification application for extended operating hours and changes to car wash doors should be granted

Ratio Decidendi

The appeal to modify the Development Control Order is upheld and the Order is modified to remove requirements (2) and (3) in light of the Building Information Certificate. The modification application for extended operating hours is dismissed as the Applicant withdrew instructions and could not prosecute the appeal, enabling dismissal for want of due despatch.

Court Disposition

One appeal upheld and Development Control Order modified; one appeal dismissed.

Orders

  • The appeal is upheld; Development Control Order dated 11 July 2023 is modified in accordance with Annexure A pursuant to Environmental Planning and Assessment Act 1979, s 8.18(4).
  • The appeal in proceedings 2024/80566 is dismissed.