Sandhub Pty Ltd v Strathfield Council [2020] NSWLEC 1570

Sandhub Pty Ltd v Strathfield Council [2020] NSWLEC 1570

The development, as proposed to be modified, is substantially the same as the development to which the original consent was granted. There being no jurisdictional impediment, the orders agreed in conciliation are made under s 34(3) of the LEC Act and s 4.55(2) of the EPA Act to approve the modification increasing daily truck movements to 100.

Parties
Applicant: Sandhub Pty Ltd; Respondent: Strathfield Council
Jurisdiction
Australia
Judgment Date
18 November 2020
Procedural Posture
Modification Application Appeal (class 1) / Post Conciliation Conference Determination
Outcome
Appeal upheld; modification granted
Legal Topics
Modification of Development Consent, Jurisdictional Requirements Under EPA Act S 4.55, Conciliation and Agreement Under LEC Act S 34
Planning and Environment Modification of Development Consent Jurisdictional Requirements Under EPA Act S 4.55 Conciliation and Agreement Under LEC Act S 34

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Parties

Sandhub Pty Ltd

Applicant

Strathfield Council

Respondent

Procedural Posture

Modification Application Appeal (class 1) / Post Conciliation Conference Determination

Legal Issues

  1. 1 Whether the modified development is substantially the same as that originally approved under s 4.55(2) of the EPA Act
  2. 2 Whether jurisdictional prerequisites are met for modification of development consent
  3. 3 Whether agreement between the parties under s 34 of the LEC Act can be converted into binding court orders

Ratio Decidendi

The development, as proposed to be modified, is substantially the same as the development to which the original consent was granted. There being no jurisdictional impediment, the orders agreed in conciliation are made under s 34(3) of the LEC Act and s 4.55(2) of the EPA Act to approve the modification increasing daily truck movements to 100.

Court Disposition

Appeal upheld; modification granted

Orders

  • Leave granted to rely on amended plans and documents listed above, including Architectural plans (LEC01 Rev J, 12 Oct 2020, Blue Print Designs), Amended Plan of Management (Planzone, 21 Oct 2020), Air Quality Management Plan (ERM, 6 Oct 2020)
  • Appeal is upheld