Event and Time
Event Description
The case involves a Class 1 Development Appeal regarding the modification of Development Consent No. DA-33/2021, concerning a mixed-use development at 164-170 Croatia Avenue, Edmondson Park. The appeal arose from the refusal to modify the consent, and the parties reached an agreement after a series of conciliation conferences.
Application and Claims
- Nature of the Application: Modification under section 4.55(1A) of the Environmental Planning and Assessment Act 1979 (EPA Act) to delete and realign a proposed road within the development.
- Claims: The applicant contended that the changes would result in minimal environmental impact and that the modified development was substantially the same as the original consent.
Judicial Decisions
The court upheld the appeal and modified Development Consent No. DA-33/2021 according to the agreed terms reached by the parties after a series of conciliation conferences.
Dispute Points and Legal Basis
Dispute Points
- Applicant’s Arguments:
- The proposed modification would not significantly alter the original development's character or impact. - Jurisdictional prerequisites under section 4.55 had been met, allowing for the modification.
- Respondent’s Concerns:
- Potential environmental impacts of the proposed modifications. - Compliance with various environmental regulations and approvals.
- Third-party Agitations:
- A submission from the Transport Asset Holding Entity raised concerns during the public notification phase which was addressed in the amended proposal.