Sunbolt Pty Ltd v Campbelltown City Council [2021] NSWLEC 1144

Sunbolt Pty Ltd v Campbelltown City Council [2021] NSWLEC 1144

The Court upheld the appeal and modified the development consent, finding the modification application met the statutory requirements of s 4.55(2) of the Environmental Planning and Assessment Act 1979. The modification was acceptable as the proposed development remained substantially the same, all relevant heads of consideration under s 4.15 were addressed by the agreed conditions, and all jurisdictional prerequisites were satisfied.

Jurisdiction
Australia
Judgment Date
23 March 2021
Procedural Posture
Development Appeal / Decision After Conciliation Conference Under S 34 Land and Environment Court Act 1979
Outcome
Appeal upheld; modification of development consent granted subject to conditions
Legal Topics
['modification of Development Consent' 'operating Hours of Licensed Premises' 'conditions of Consent' 'conciliation Conferences Under S 34 of LEC Act']
['planning Law' 'environmental Law'] ['modification of Development Consent' 'operating Hours of Licensed Premises' 'conditions of Consent' 'conciliation Conferences Under S 34 of LEC Act']

Case Brief

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Procedural Posture

Development Appeal / Decision After Conciliation Conference Under S 34 Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the modification application meets the requirements of s 4.55(2) of the Environmental Planning and Assessment Act 1979' 'Whether the modified development is substantially the same as the approved development' 'Whether the proposed conditions address all relevant planning considerations including social and acoustic impacts, crime prevention, public interest, and zone objectives']

Ratio Decidendi

The Court upheld the appeal and modified the development consent, finding the modification application met the statutory requirements of s 4.55(2) of the Environmental Planning and Assessment Act 1979. The modification was acceptable as the proposed development remained substantially the same, all relevant heads of consideration under s 4.15 were addressed by the agreed conditions, and all jurisdictional prerequisites were satisfied.

Court Disposition

Appeal upheld; modification of development consent granted subject to conditions

Orders

  • ['The Applicant is granted leave to rely on an amended Plan of Management dated February 2021.' 'The appeal is upheld.' "Development Consent No. 1435/2008/DA-C granted by Campbelltown City Council on 14 October 2008 is modified pursuant to section 4.55(2) of the Environmental Planning and Assessment Act 1979 as set...