WH Project Management Pty Ltd v Georges River Council [2023] NSWLEC 1388

WH Project Management Pty Ltd v Georges River Council [2023] NSWLEC 1388

The application meets all jurisdictional requirements for modification of consent under s 4.55(1A), required notifications and public interest assessments have been satisfied, and the parties have agreed; therefore, the Court upholds the appeal and grants the modified consent.

Parties
Applicant: WH Project Management Pty Limited; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
21 July 2023
Procedural Posture
Modification Application Appeal / Final Determination After Section 34 Conciliation Conference
Outcome
Appeal upheld; development consent modified as agreed
Legal Topics
Modification of Development Consent, Section 34 Conciliation, Appeal Against Refusal of Modification Application
Planning Law Environmental Law Modification of Development Consent Section 34 Conciliation Appeal Against Refusal of Modification Application

Case Brief

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Parties

WH Project Management Pty Limited

Applicant

Georges River Council

Respondent

Procedural Posture

Modification Application Appeal / Final Determination After Section 34 Conciliation Conference

Legal Issues

  1. 1 Whether the proposed modification is of minimal environmental impact
  2. 2 Whether the modified development is substantially the same as previously approved
  3. 3 Whether jurisdictional requirements for modification under s 4.55(1A) EP&A Act are satisfied

Ratio Decidendi

The application meets all jurisdictional requirements for modification of consent under s 4.55(1A), required notifications and public interest assessments have been satisfied, and the parties have agreed; therefore, the Court upholds the appeal and grants the modified consent.

Court Disposition

Appeal upheld; development consent modified as agreed

Orders

  • The appeal is upheld.
  • Development consent DA2017/0402 is modified as set out in Annexure B.