The Court set aside by consent under UCPR r 36.15(2) a deferred commencement condition imposed in its earlier judgment approving a modification application under s 4.56(1) EPA Act, acknowledging that such a condition was unenforceable following Peake Pearce Pty Ltd v George River Council [2023] NSWLEC 89. The deferred commencement condition was replaced with a standard condition requiring a building information certificate to be obtained prior to the issue of any additional or modified construction certificate. The case confirms that deferred commencement conditions cannot validly be imposed on modification applications under s 4.56.
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