Woongarrah ELC Pty Ltd v Central Coast Council [2024] NSWLEC 1714

Woongarrah ELC Pty Ltd v Central Coast Council [2024] NSWLEC 1714

The modification application, as amended, satisfies the statutory test under s 4.55(2) of the Environmental Planning and Assessment Act 1979 because it results in a development that is substantially the same as originally approved, with adequate acoustic mitigation ensuring no increased impact, compliance with notification and consultation requirements, and agreement by the relevant authority.

Parties
Applicant: Woongarrah ELC Pty Ltd; Respondent: Central Coast Council
Jurisdiction
Australia
Judgment Date
06 November 2024
Procedural Posture
Development Appeal (modification Application) / Final Orders After Conciliation Conference
Outcome
Appeal upheld; modification application approved subject to conditions.
Legal Topics
Modification of Development Consent, Child Care Centre, Increase in Number of Children, Acoustic Impacts, Jurisdictional Prerequisites Under S 4.55
Planning and Environment Law Modification of Development Consent Child Care Centre Increase in Number of Children Acoustic Impacts Jurisdictional Prerequisites Under S 4.55

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Parties

Woongarrah ELC Pty Ltd

Applicant

Central Coast Council

Respondent

Procedural Posture

Development Appeal (modification Application) / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the proposed modification results in a development 'substantially the same' as originally approved under s 4.55(2) Environmental Planning and Assessment Act 1979
  2. 2 Whether acoustic impacts from the proposed increase in children are adequately mitigated

Ratio Decidendi

The modification application, as amended, satisfies the statutory test under s 4.55(2) of the Environmental Planning and Assessment Act 1979 because it results in a development that is substantially the same as originally approved, with adequate acoustic mitigation ensuring no increased impact, compliance with notification and consultation requirements, and agreement by the relevant authority.

Court Disposition

Appeal upheld; modification application approved subject to conditions.

Orders

  • The appeal is upheld.
  • Modification Application No. DA/100/2014/F is approved and Development Consent No. DA/100/2014 is modified in the terms in Annexure A.