Statewide Planning Pty Ltd ATF Statewide Planning Trust v Canterbury-Bankstown Council [2023] NSWLEC 1585

Statewide Planning Pty Ltd ATF Statewide Planning Trust v Canterbury-Bankstown Council [2023] NSWLEC 1585

The Court upheld the appeal and ordered modification of Development Consent DA-255/2018 as sought in the modification application DA-255/2018/A, as the proposed modification is substantially the same as originally approved, satisfies all statutory, jurisdictional, and notification requirements, and is a decision the Court could make under s 34 of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
06 October 2023
Procedural Posture
Appeal Against Deemed Refusal (class 1) – Modification of Development Consent / Final Order Following Conciliation Conference
Outcome
Appeal upheld; Development Consent DA-255/2018 is modified under Modification Application DA-255/2018/A
Legal Topics
['development Consent Modification' 'deemed Refusal' 'conciliation Conference' 'jurisdictional Requirements']
['environmental Law' 'planning Law'] ['development Consent Modification' 'deemed Refusal' 'conciliation Conference' 'jurisdictional Requirements']

Case Brief

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Procedural Posture

Appeal Against Deemed Refusal (class 1) – Modification of Development Consent / Final Order Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the modification application DA-255/2018/A should be approved under s 4.55 of the Environmental Planning and Assessment Act 1979' 'Whether the modification is substantially the same as the originally approved development consent' 'Whether jurisdictional requirements under the EPA Act and relevant regulations are met']

Ratio Decidendi

The Court upheld the appeal and ordered modification of Development Consent DA-255/2018 as sought in the modification application DA-255/2018/A, as the proposed modification is substantially the same as originally approved, satisfies all statutory, jurisdictional, and notification requirements, and is a decision the Court could make under s 34 of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; Development Consent DA-255/2018 is modified under Modification Application DA-255/2018/A

Orders

  • ['The appeal is upheld.' 'Development Consent DA-255/2018 is modified by consent to Modification Application DA-255/2018/A, in the terms set out in Annexure A.' 'Development Consent DA-255/2018 is subject to the consolidated conditions as described in Annexure B.']