Vigor Master Pty Ltd v Hornsby Shire Council [2023] NSWLEC 1665

Vigor Master Pty Ltd v Hornsby Shire Council [2023] NSWLEC 1665

The proposed modifications are minor and do not change the substance of the approved development. The application satisfies legal requirements for modification, proper notice and consultation have occurred, and the parties’ agreement is within the Court’s power. The Court is required to dispose of the proceedings accordingly.

Jurisdiction
Australia
Judgment Date
07 November 2023
Procedural Posture
Modification Application (class 1) / Post Conciliation; Disposition by Agreement Under S 34
Outcome
Modification of consent granted per parties' agreement at conciliation under s 34(3) LEC Act.
Legal Topics
['modification of Development Consent' 'conciliation and Agreement' 'consent Conditions' 'road and Intersection Works']
['planning and Environment Law'] ['modification of Development Consent' 'conciliation and Agreement' 'consent Conditions' 'road and Intersection Works']

Case Brief

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Procedural Posture

Modification Application (class 1) / Post Conciliation; Disposition by Agreement Under S 34

Legal Issues

  1. 1 ['Whether the modification application can be granted under s 4.55(2) of the EPA Act' 'Whether the proposed modification results in a development ‘substantially the same’ as that originally consented' 'Whether procedural and consultation requirements are met']

Ratio Decidendi

The proposed modifications are minor and do not change the substance of the approved development. The application satisfies legal requirements for modification, proper notice and consultation have occurred, and the parties’ agreement is within the Court’s power. The Court is required to dispose of the proceedings accordingly.

Court Disposition

Modification of consent granted per parties' agreement at conciliation under s 34(3) LEC Act.

Orders

  • ['Applicant may rely on amended plans specified in order 1.' 'Modification Application DA/484/2011/P is approved and development consent DA/484/2011 is modified as detailed in Annexure A.' 'Consent is subject to modified consolidated conditions in Annexure B.' "Applicant to pay Respondents' costs thrown away by the...