TL & TL Tradings Pty Ltd v Parramatta City Council [2019] NSWLEC 1372

TL & TL Tradings Pty Ltd v Parramatta City Council [2019] NSWLEC 1372

The modification application meets statutory requirements: it involves minimal environmental impact and the development as modified is substantially the same as previously approved. The appeal should therefore be upheld, and consent modified as agreed by the parties.

Jurisdiction
Australia
Judgment Date
07 August 2019
Procedural Posture
Modification Application Appeal / Conciliation Conference, Determination
Outcome
Appeal upheld, modification application approved
Legal Topics
['development Application' 'modification of Development Consent' 'brothel Use' 'trial Period Consent' 'environmental Impact' 'conciliation Conference' 'agreement Between Parties']
['planning and Environment Law'] ['development Application' 'modification of Development Consent' 'brothel Use' 'trial Period Consent' 'environmental Impact' 'conciliation Conference' 'agreement Between Parties']

Case Brief

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Procedural Posture

Modification Application Appeal / Conciliation Conference, Determination

Legal Issues

  1. 1 ['Whether modification application meets the requirements of s 4.55(1A) of the Environmental Planning and Assessment Act 1979' 'Whether the development as modified is substantially the same as originally approved' 'Whether environmental impact is minimal' 'Whether notification requirements were satisfied']

Ratio Decidendi

The modification application meets statutory requirements: it involves minimal environmental impact and the development as modified is substantially the same as previously approved. The appeal should therefore be upheld, and consent modified as agreed by the parties.

Court Disposition

Appeal upheld, modification application approved

Orders

  • ['The appeal is upheld.' 'Development consent DA/484/2009/C is further modified by approving the Modification Application, subject to the consolidated conditions of consent at Annexure A.']