Important and helpful Land Environment Court rulings on s4.55/4.56 modification applications

Interesting that LEC have shortened the process. Essentially the debate would centre on whether changes to the DA with a modification are similar or not. Conflicts are noted but government would support this position even when they are the decision makers and the stakeholders.

James, i simply submit an application for "Alterations and Additions" which avoided this fight that plagued us for many years! It's great to see the courts turning this issue around in a positive way. Ultimately it's unreasonable for local governments to look at constantly frustrating the approval processes and always trying to undermine the approval of applications. There needs to be a shift in culture that encourages a solutions based approach to planning approvals and assist in unlocking the supply. "Us against them" attitudes must go! I mean it's 6-8 weeks for a preponderant meeting in most councils, you can't talk to a planner on the phone anymore without appointments ...... Whike this is good progress we have so much work to do to get ontop of all the delays. i mean Local and State Governments have become the largest developers in the market. What about the conflict of interest from the determining authority also being massive land owners and developers within the same LGA? A little off topic but it's relevant to the frustrations caused in trying to find any reason to refuse an application. Substantially the same development is only an excuse to delay and refuse! i'm not sure it's an even playing field

Thanks for sharing James, I’ll read this today. Is there any case law around the threshold for a type 1A or 2 modification? I find it’s also unclear how this is interpreted. What is ‘minor’ for someone might be a major impact for another person…

Great read. Thanks James