Jardine & Anor v Campbelltown City Council [2013] NSWLEC 1164

The introduction of a takeaway food shop to the premises results in a new and separate use that is not substantially the same as the original development consent for a place of worship, and therefore the Court lacks jurisdiction to approve the modification application under s96AA.

Jurisdiction: Australia
Judgment Date: 21 June 2013
Procedural Posture: Appeal / Decision at First Instance
Outcome: Appeal dismissed; modification application refused consent.
Legal Topics: ['modification of Development Consent' 'jurisdiction Under Environmental Planning and Assessment Act 1979' 'substantially the Same Development Test']

['planning and Environment Law'] ['modification of Development Consent' 'jurisdiction Under Environmental Planning and Assessment Act 1979' 'substantially the Same Development Test']

Case Brief

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Procedural Posture

Appeal / Decision at First Instance

Legal Issues

1 ['Whether the proposed takeaway food shop constitutes substantially the same development as the original development consent for a place of worship under s96AA of the Environmental Planning and Assessment Act 1979' 'Whether the Court has jurisdiction to approve a modification application introducing a new use under s96AA']

Ratio Decidendi

Court Disposition

Appeal dismissed; modification application refused consent.

Orders

['The appeal is dismissed.' 'The modification application is refused consent.' 'The exhibits are returned, except for exhibits A and exhibit 2.']