APPEAL — modification of development consent pursuant to s 96(1A) of The Environmental Planning and Assessment Act 1979 — condition required school to dedicate public road to council free of cost — whether appropriate to modify consent by deleting condition — no change of substance effected by deletion of condition — whether condition lawfully imposed — absence of identified need for new road pursuant to s 94 of Environmental Planning and Assessment Act 1979 — absence of identified requirement in contributions plan pursuant to s 94AE of Environmental Planning and Assessment Act 1979 — relevant nexus required by s 94(1) of Environmental Planning and Assessment Act 1979 not demonstrated — condition in contravention of s 94B(1) of Environmental Planning and Assessment Act 1979 — granting of application not denied by reason of the conduct of the applicant in obtaining a consent and acting upon it — no discretionary basis upon which to deny the modification sought — appeal allowed
Case Details
Citation[2013] NSWLEC 1
CourtNSWLEC
JurisdictionNew South Wales
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