Han v Cumberland Council [2020] NSWLEC 1152

Han v Cumberland Council [2020] NSWLEC 1152

The proposed modifications do not result in a radical transformation of the development and remain substantially the same as the original development approved, satisfying both qualitative and quantitative requirements of relevant planning law. As all jurisdictional and statutory prerequisites are met, the modification may be approved in accordance with the agreement reached by the parties at conciliation.

Jurisdiction
Australia
Judgment Date
01 April 2020
Procedural Posture
Class 1 Appeal Under S 8.9 of the Environmental Planning and Assessment Act 1979 / Conciliation Conference; Decision Following Agreement Between Parties
Outcome
Appeal upheld; modification application approved by consent of parties
Legal Topics
['development Application Modification' 'jurisdictional Prerequisites' 'conciliation Conference Under S 34 Land and Environment Court Act 1979']
['planning and Environment'] ['development Application Modification' 'jurisdictional Prerequisites' 'conciliation Conference Under S 34 Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.9 of the Environmental Planning and Assessment Act 1979 / Conciliation Conference; Decision Following Agreement Between Parties

Legal Issues

  1. 1 ['Whether the proposed modification is substantially the same development as originally approved' 'Whether jurisdictional prerequisites for modification under s 4.56(1) of the Environmental Planning and Assessment Act 1979 have been met' 'Whether relevant planning requirements and notifications have been satisfied']

Ratio Decidendi

The proposed modifications do not result in a radical transformation of the development and remain substantially the same as the original development approved, satisfying both qualitative and quantitative requirements of relevant planning law. As all jurisdictional and statutory prerequisites are met, the modification may be approved in accordance with the agreement reached by the parties at conciliation.

Court Disposition

Appeal upheld; modification application approved by consent of parties

Orders

  • ['Leave granted to amend the development application to rely on specified architectural plans' 'Appeal is upheld' 'Modification Application No. DA-247/2015/A approved, modifying Development Consent No. 247/2015 as set out in Annexure A' 'Development Consent No. 247/2015 now subject to consolidated, modified...