WSDC Box Hill Primitus Development Pty Ltd v The Hills Shire Council [2023] NSWLEC 1764

WSDC Box Hill Primitus Development Pty Ltd v The Hills Shire Council [2023] NSWLEC 1764

The modification application is permissible as the development (subject to agreed amendments and conditions) remains substantially the same as originally consented, complies with all statutory and environmental planning requirements, and the agreement reached by the parties is within the Court’s jurisdiction to approve.

Jurisdiction
Australia
Judgment Date
13 December 2023
Procedural Posture
Class 1 Appeal / Disposition Following Conciliation Conference
Outcome
Appeal upheld
Legal Topics
['development Consent Modification' 'residential Flat Building' 'conciliation Conference' 'agreement Between Parties']
['environmental and Planning Law'] ['development Consent Modification' 'residential Flat Building' 'conciliation Conference' 'agreement Between Parties']

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Procedural Posture

Class 1 Appeal / Disposition Following Conciliation Conference

Legal Issues

  1. 1 ['Whether modification application DA 846/2016/JP/A complies with the requirements of the Environmental Planning and Assessment Act 1979 and relevant planning instruments' 'Whether development as modified is substantially the same as the original consent' 'Compliance with water quality, stormwater, and biodiversity targets under State Environmental Planning Policy (Biodiversity and Conservation) 2021' 'Compliance with design quality principles under SEPP 65 and EPA Regulation' 'Bushfire safety considerations under Rural Fires Act 1997']

Ratio Decidendi

The modification application is permissible as the development (subject to agreed amendments and conditions) remains substantially the same as originally consented, complies with all statutory and environmental planning requirements, and the agreement reached by the parties is within the Court’s jurisdiction to approve.

Court Disposition

Appeal upheld

Orders

  • ['The appeal is upheld.' 'Modification application DA 846/2016/JP/A for erection of residential flat complex at 13 Terry Road, Box Hill, is modified as per Annexure A.' 'Terms of consolidated Development Consent No DA 846/2016/JP are set out in Annexure B.']