Sell and Parker Pty Ltd v Blacktown City Council [2013] NSWLEC 1230

Sell and Parker Pty Ltd v Blacktown City Council [2013] NSWLEC 1230

Because the Council did not oppose deletion of the time limit in any planning law sense and did not seek to incorporate any pollution reduction program into the development consent through the proceedings, there was no utility in adjourning the matter for the EPA process; the application should be granted and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 November 2013
Procedural Posture
Class 1 Proceedings / Application to Modify Development Consent by Deleting a Condition
Outcome
Application granted; condition deleted from the development consent.
Legal Topics
['development Consent' 'modification of Consent Conditions' 'pollution Reduction Program' 'pollution Control Licence']
['planning and Environment Law'] ['development Consent' 'modification of Consent Conditions' 'pollution Reduction Program' 'pollution Control Licence']

Source-derived case record

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Procedural Posture

Class 1 Proceedings / Application to Modify Development Consent by Deleting a Condition

Legal Issues

  1. 1 ['Whether the condition limiting the life of the development consent to twenty years should be deleted.' 'Whether the proceedings should be adjourned to enable the applicant and the Environment Protection Authority to finalise a pollution reduction program.' 'Whether any pollution reduction program should be incorporated into the conditions of development consent through these proceedings.']

Ratio Decidendi

Because the Council did not oppose deletion of the time limit in any planning law sense and did not seek to incorporate any pollution reduction program into the development consent through the proceedings, there was no utility in adjourning the matter for the EPA process; the application should be granted and condition 2 deleted.

Court Disposition

Application granted; condition deleted from the development consent.

Orders

  • ['The Court modifies the consent granted by the Court in Sell And Parker Pty Limited v Blacktown City Council 2001 NSW LEC 12 by deleting condition 2 to that consent.']