Furfaro v Central Coast Council [2019] NSWLEC 1335

The modification is permitted because the Court is satisfied the development as modified is substantially the same as the original consent, the changes are minor, the impacts are suitably mitigated, and agreement has been reached between the parties.

Parties: Applicant: Rocco Furfaro; Respondent: Central Coast Council
Jurisdiction: Australia
Judgment Date: 19 July 2019
Procedural Posture: Class 1 Appeal / Determination After Conciliation Conference
Outcome: Appeal upheld; modification application approved subject to conditions
Legal Topics: Modification of Development Consent, Conciliation Conference, Flood Mitigation Measures, Car Park Design, Deemed Refusal

Planning Law Environmental Law Modification of Development Consent Conciliation Conference Flood Mitigation Measures Car Park Design Deemed Refusal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 6

Parties

Rocco Furfaro

Applicant

Central Coast Council

Respondent

Procedural Posture

Class 1 Appeal / Determination After Conciliation Conference

Legal Issues

1 Whether the development as modified is substantially the same as the originally approved development under s 4.55(2)(a) Environmental Planning and Assessment Act 1979
2 Whether the modified consent should be approved subject to conditions
3 Whether flood and car park mitigation measures are adequate

Ratio Decidendi

Court Disposition

Appeal upheld; modification application approved subject to conditions

Orders

The Applicant is granted leave to rely on the amended plans and documentation referred to in Condition 1.1 of the Conditions at Annexure A to these orders.
No costs are payable under s 8.15(3) of the Environmental Planning and Assessment Act 1979 as the amendments are minor.