Stellar Rouse Hill Pty Ltd v Blacktown City Council [2022] NSWLEC 1053

Stellar Rouse Hill Pty Ltd v Blacktown City Council [2022] NSWLEC 1053

As the parties agreed and all statutory prerequisites are met, including jurisdiction under s 4.55(2) EPA Act and the modified development being substantially the same as the original, the modification may be approved subject to agreed conditions.

Parties
Applicant: Stellar Rouse Hill Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
08 February 2022
Procedural Posture
Development Appeal (class 1) / Judgment After Conciliation Conference
Outcome
Appeal upheld; modification approved with conditions
Legal Topics
Modification of Development Consent, Conciliation Conference, Jurisdictional Prerequisites Under Environmental Planning and Assessment Act 1979 S 4.55, Court's Power to Impose Conditions Under S 4.55, Notification Requirements for Modification Applications
Planning Law Environmental Law Modification of Development Consent Conciliation Conference Jurisdictional Prerequisites Under Environmental Planning and Assessment Act 1979 S 4.55 Court's Power to Impose Conditions Under S 4.55 Notification Requirements for Modification Applications

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Parties

Stellar Rouse Hill Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Development Appeal (class 1) / Judgment After Conciliation Conference

Legal Issues

  1. 1 Whether modification application is validly made under s 4.55(2) Environmental Planning and Assessment Act 1979
  2. 2 Whether the proposed development as modified is 'substantially the same' as the originally approved development
  3. 3 Whether the Court has the power to impose conditions when approving modification

Ratio Decidendi

As the parties agreed and all statutory prerequisites are met, including jurisdiction under s 4.55(2) EPA Act and the modified development being substantially the same as the original, the modification may be approved subject to agreed conditions.

Court Disposition

Appeal upheld; modification approved with conditions

Orders

  • The appeal is upheld.
  • Modification application MOD-18-00331 to modify development consent JRPP-15-0273 is approved.