Universal Property Group Pty Ltd v Blacktown City Council [2019] NSWLEC 1200

Universal Property Group Pty Ltd v Blacktown City Council [2019] NSWLEC 1200

The modification sought corrects a minor error or misdescription in consent conditions; there is no change in the development as approved or in environmental impacts; the modification is within the Court's power under s 4.55(8) of the EPA Act 1979 and s 34(3) LEC Act 1979.

Jurisdiction
Australia
Judgment Date
07 May 2019
Procedural Posture
Class 1 Appeal / Modification of Development Consent Following Conciliation Conference
Outcome
Appeal upheld; modification of development consent approved.
Legal Topics
['modification of Development Consent' 'minor Error or Misdescription' 'conciliation Conference' 'appeals Under S 4.55(8) EPA Act']
['planning and Environment'] ['modification of Development Consent' 'minor Error or Misdescription' 'conciliation Conference' 'appeals Under S 4.55(8) EPA Act']

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Procedural Posture

Class 1 Appeal / Modification of Development Consent Following Conciliation Conference

Legal Issues

  1. 1 ['Whether minor errors or misdescriptions in development consent conditions warrant modification under s 4.55(8) of the Environmental Planning and Assessment Act 1979' 'Whether the Court has jurisdiction and power to grant the modifications sought']

Ratio Decidendi

The modification sought corrects a minor error or misdescription in consent conditions; there is no change in the development as approved or in environmental impacts; the modification is within the Court's power under s 4.55(8) of the EPA Act 1979 and s 34(3) LEC Act 1979.

Court Disposition

Appeal upheld; modification of development consent approved.

Orders

  • ['The appeal is upheld.' 'The application to modify Development Application DA-17-00852 under s.4.55(8) of the Environmental Planning and Assessment Act 1979 is approved.' "Development Application DA-17-00852 is modified in accordance with the modifications of conditions set out in Annexure 'A'." "DA-17-00852 is now...