S J Connelly Pty Ltd v Clarence Valley Council [2009] NSWLEC 1129

S J Connelly Pty Ltd v Clarence Valley Council [2009] NSWLEC 1129

The Court accepted the consent orders since both parties agreed, there were no objectors, and the modifications proposed were reasonable and consistent with applicable guidelines. Condition 33 was unnecessary given current site infrastructure and its deletion would not hamper development. Condition 15's amendment reduced road requirements to a width still above the manual's minimum. The section 96 modification application was approved.

Parties
Applicant: S J Connelly Pty Ltd; Respondent: Clarence Valley Council
Jurisdiction
Australia
Judgment Date
23 April 2009
Procedural Posture
Section 96 Modification Application Appeal / Judgment on Consent Orders
Outcome
Consent orders granted; section 96 modification application approved.
Legal Topics
Modification of Development Consent, Planning Appeal, Local Government Development Conditions
Planning Law Environmental Law Modification of Development Consent Planning Appeal Local Government Development Conditions

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 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

S J Connelly Pty Ltd

Applicant

Clarence Valley Council

Respondent

Procedural Posture

Section 96 Modification Application Appeal / Judgment on Consent Orders

Legal Issues

  1. 1 Whether condition 33 of development consent should be deleted
  2. 2 Whether condition 15 should be amended for road width
  3. 3 Approval of section 96 modification by consent

Ratio Decidendi

The Court accepted the consent orders since both parties agreed, there were no objectors, and the modifications proposed were reasonable and consistent with applicable guidelines. Condition 33 was unnecessary given current site infrastructure and its deletion would not hamper development. Condition 15's amendment reduced road requirements to a width still above the manual's minimum. The section 96 modification application was approved.

Court Disposition

Consent orders granted; section 96 modification application approved.

Orders

  • The section 96(6) appeal for Yamba Quays is upheld.
  • The section 96 modification application submitted to Clarence Valley Council is approved and the consolidated conditions of consent, as modified, are contained in Annexure 'A'.