Warehouse on Park Pty Ltd v Inner West Council [2022] NSWLEC 1485

Warehouse on Park Pty Ltd v Inner West Council [2022] NSWLEC 1485

The Court was satisfied the proposed modification is substantially the same development as originally approved, that all jurisdictional prerequisites under s 4.55(2) EP&A Act and relevant regulations had been met—including owner’s consent and public notification—and that the agreement reached between the parties was one the Court could properly make; accordingly, the appeal was upheld and the modified consent granted.

Parties
Applicant: Warehouse on Park Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
13 September 2022
Procedural Posture
Appeal Development Application Modification (class 1) / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld; modification to development consent granted as agreed.
Legal Topics
Development Application Modification, Jurisdictional Prerequisites, Residential Flat Building, Section 4.55 Ep&a Act, Conciliation Conference, Consent Orders
Planning and Environment Law Development Application Modification Jurisdictional Prerequisites Residential Flat Building Section 4.55 Ep&a Act Conciliation Conference Consent Orders

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Parties

Warehouse on Park Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Appeal Development Application Modification (class 1) / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 Whether the proposed modification is substantially the same development as originally approved
  2. 2 Whether jurisdictional prerequisites for granting a modification have been satisfied under s 4.55 of the EP&A Act
  3. 3 Whether the development as modified remains permissible in the applicable zoning and accords with relevant planning instruments

Ratio Decidendi

The Court was satisfied the proposed modification is substantially the same development as originally approved, that all jurisdictional prerequisites under s 4.55(2) EP&A Act and relevant regulations had been met—including owner’s consent and public notification—and that the agreement reached between the parties was one the Court could properly make; accordingly, the appeal was upheld and the modified consent granted.

Court Disposition

Appeal upheld; modification to development consent granted as agreed.

Orders

  • The appeal is upheld.
  • Development Consent DA2021/0001 is modified in terms of Annexure 'A'.