Urban Peninsula Pty Limited v Ku-Ring-Gai Council [2011] NSWLEC 1144

Urban Peninsula Pty Limited v Ku-Ring-Gai Council [2011] NSWLEC 1144

Based on the evidence, including registration of the drainage easement and drainage plans, the deferred commencement conditions A(1) and A(2) were satisfied for the purposes of cl 95(5) of the Environmental Planning and Assessment Regulation 2000. The agreed modifications to the General Conditions of Consent were appropriate and the consent should be modified accordingly under s 96(8) of the Environmental Planning and Assessment Act 1979.

Jurisdiction
Australia
Judgment Date
13 April 2011
Procedural Posture
Class 1 Appeal Under S 96(8) of the Environmental Planning and Assessment Act 1979 to Modify a Development Consent / Expedited Hearing Resolved by Consent Orders
Outcome
The application as amended was upheld in part and the development consent was modified by consent orders.
Legal Topics
['modification of Development Consent' 'deferred Commencement Consent Conditions' 'erosion and Sediment Controls' 'stormwater Drainage Works and Management' 'consolidation of Allotments']
['planning and Environmental Law'] ['modification of Development Consent' 'deferred Commencement Consent Conditions' 'erosion and Sediment Controls' 'stormwater Drainage Works and Management' 'consolidation of Allotments']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 96(8) of the Environmental Planning and Assessment Act 1979 to Modify a Development Consent / Expedited Hearing Resolved by Consent Orders

Legal Issues

  1. 1 ['Whether the deferred commencement consent conditions A(1) and A(2) had been satisfied for the purposes of cl 95(5) of the Environmental Planning and Assessment Regulation 2000.' 'Whether the proposed modifications to the development consent conditions had legal effect and should be made.']

Ratio Decidendi

Based on the evidence, including registration of the drainage easement and drainage plans, the deferred commencement conditions A(1) and A(2) were satisfied for the purposes of cl 95(5) of the Environmental Planning and Assessment Regulation 2000. The agreed modifications to the General Conditions of Consent were appropriate and the consent should be modified accordingly under s 96(8) of the Environmental Planning and Assessment Act 1979.

Court Disposition

The application as amended was upheld in part and the development consent was modified by consent orders.

Orders

  • ['The application as amended is upheld in part.' 'Pursuant to s 96(8) of the Environmental Planning and Assessment Act 1979, the development consent granted by the Court on 21 April 2006 (Proceedings No 10110 of 2005) for the demolition of existing structures and the construction of a residential flat building over...